oVER 30 years’ experienceCourt of Protection Solicitors
We assist those suffering from mental health problems who are being detained under the Mental Health Act 1983.
- COURT OF PROTECTIONBest interests decisions, disputes and Court of Protection assistance under the Mental Capacity Act 2005
When an individual is found to lack the capacity to make a decision, within the meaning of the Mental Capacity Act 2005, it becomes necessary for those involved with their care to consider what decisions should be made in that person’s best interests.
If disputes arise between the people making those decisions, which cannot be resolved, it may, be necessary to apply to the Court of Protection.
We can provide advice to those who are deemed to lack capacity, to their advocates and to those representing them and also their family members. In certain situations those who are deemed to lack capacity and their family members will be entitled to non-means tested Legal Aid. We offer advice at all stages of the proceedings.
FAQQuestions or concerns on your mind?
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The Court of Protection makes decisions for people who lack mental capacity, particularly about finances, health, and welfare.
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The Court becomes involved when important decisions need to be made and the person cannot decide for themselves, or where there is disagreement.
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A deputy is someone appointed by the Court to make ongoing decisions on behalf of a person who lacks capacity.
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Family members, friends, or professionals can apply. The Court decides who is most suitable based on the person’s best interests.
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Deputies must act in the person’s best interests and follow strict rules, including keeping records and submitting annual reports.
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Yes. Decisions can be challenged if they are not in the person’s best interests or if the deputy has acted improperly.
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Timescales vary depending on complexity. Some applications are resolved quickly, while others take longer. We guide clients through each stage.
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Legal aid may be available for certain welfare cases. We can advise on eligibility and funding options.
- ADVICECase Funding
We provide a high quality of service to all of our clients whether they are in receipt of Legal Aid or paying privately.
The Government have recently made changes to the Legal Aid Scheme. Call today for advice on whether you are eligible for this free of charge service.
For more information on legal aid click here
AH Solicitors have been awarded a Legal Aid Contract by the Legal Aid Agency. This means that our files go through extra scrutiny to uphold the standard of our work. We also hold the Law Society’s Lexcel standard. We will always check whether you are eligible for Legal Aid first. Whether you are eligible also depends on your income. We will make the application for Legal Aid on your behalf.
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Mental Health Law
We are able to provide legal advice and representation to people who have mental health issues, as well as their families and carers. It is an area of law that we are passionate about.
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Court of Protection
If disputes arise between the people making those decisions, which cannot be resolved, it may, be necessary to apply to the Court of Protection.
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Community Care
Rosie Williams runs our Community Care Law department. We represent people who may not be receiving the care they need in the community, or are being incorrectly charged or overcharged for that care.
GET IN TOUCHReady to Resolve Your Mental Health Legal Matters?
Our dedicated team is here to provide the assistance you need. Feel free to reach out – we're ready to help!