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Mental Capacity (Court of Protection)

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Every person has the right to make decisions about their own lives. However, if a person does not have the mental capacity to make a particular decision then the Court of Protection may need to make a decision in their best interests under the Mental Capacity Act 2005.

We have a dedicated and specialist team to help our clients in need. We can advise and provide urgent assistance in cases where mental capacity is in dispute and where the welfare of a vulnerable person is at stake.

Some cases also include disputes about whether a person is entitled to community care services and health services, and what services should be provided. Our expertise in community care law means that we are uniquely placed to navigate clients through the process at every stage.

Mackintosh Law Premises

Situations which may arise include:

  • Where a person’s mental capacity to make a decision is disputed
  • Where there is concern about a person being neglected or abused (safeguarding)
  • Where there is disagreement about where the person should live, or how their care should be provided
  • Where there is a dispute about whether the person needs treatment of other services
  • Where there is a linked dispute about a person’s finances
  • Deprivation of liberty cases (in care homes, hospitals and in the community)

We regularly represent clients in the Court of Protection in all levels of Court, including the High Court and higher courts. We have close contacts with specialist barristers experienced in mental capacity casework who work with us as a team, and we will always select the best available barrister for the case.

Legal aid is available for welfare cases in the Court of Protection subject to meeting the required tests. Please see the ‘Funding‘ section for more details. If you do not qualify for legal aid we can advise about our charges and other funding options which will most suit you.