Court of Protection
The Court of Protection is a relatively new court established by the Mental Capacity Act 2005. It exists to safeguard the rights of persons who lack capacity to make decisions about what is in their own best interests. It usually sits in private.
Disputes in the Court of Protection always require a sound grasp of its own particular rules of procedure, practice directions and associated case law. They also usually require an expertise in more than one “traditional” area of the law, an ability to analyse complex legal issues and medical evidence and, perhaps most importantly, the ability to manage and understand the competing viewpoints of multiple parties and stakeholders with appropriate firmness, sensitivity and pragmatism.
Chambers’ expertise in personal injury, family and property law means it is well-qualified to provide practitioners with the skills to deal with the full range of Court of Protection matters in both the “health and welfare” and the “property and affairs” jurisdictions.
Members of Chambers act on behalf of local authorities, health providers, charities, family members and litigation friends, and other interested parties, in all types of proceedings including:
• Disputes as to mental capacity
• Disagreements as to appropriate care and medical treatment
• The use and abuse of powers of attorney
• Contested applications for the appointment of a Deputy
• Cases concerning the management of financial affairs
• Cases concerning the application and use of the deprivation of liberty safeguards regime (“DOLS”)
If you have a legal dispute which may require the involvement of the Court of Protection, make sure that you contact Clair Wadden or Kate Brunton first so that you can have a free initial chat with one of our specialist team.