Court of Protection

Advice and Legal Expertise in Difficult and Sensitive Times

There are times when an individual isn’t capable of making decisions about where their own best interests lie – whether in terms of property, financial matters or health and welfare. When a difficult situation like this arises, Scott-Moncrieff’s highly respected Court of Protection (CoP) team has the specialist expertise to step in and provide the immediate advice and support that clients and families need.

People can ‘lack mental capacity’ for a whole range of reasons. The situation may be permanent, as in the case of someone with a severe learning disability or dementia. It can also arise temporarily when an individual suffers a severe brain injury or illness. Whichever scenario you’re facing, you’ll need a swift response from a legal expert who has dealt with such situations many times before. 

Scott-Moncrieff’s Court of Protection team is just this. Set up specifically to help clients and families involved in Court of Protection proceedings, our extensive experience and impressive track record mean you’ll feel you’re in the safest of hands from the very outset.

Our Court of Protection solicitors work with families and carers to manage the property and affairs for people who lack mental capacity to manage their health, welfare, property and finances themselves. 

What does the Court of Protection do? 

The Court of Protection was set up under the Mental Capacity Act 2005 and has a range of powers including:

• deciding about the welfare or affairs of people who aren’t able to make decisions themselves, including decisions about where an individual should live and the people they should have contact with
• ruling on whether an individual is capable of making a particular decision, if it hasn’t been possible to establish this via other routes
• intervening in serious medical cases to make decisions about providing or withholding treatment
• making certain decisions with regard to Deprivation of Liberty Safeguards (DOLS) which were designed to ensure that the freedom of people in care homes, hospitals and supported living is not restricted inappropriately
• making decisions about a Lasting Power of Attorney (LPA) or an enduring power of attorney, including deciding whether the power is valid, dealing with objections to registration and removing attorney powers.

The CoP can also appoint a ‘Deputy’. This is someone (often a family member or close friend) who is given responsibility for making ongoing decisions on behalf of the individual who isn’t able to do so themselves. You can be appointed a deputy for property and financial affairs or a deputy for health and welfare, or both. Scott-Moncrieff has worked with the CoP on deputy appointments for many years.

Can I bring a Legal action on behalf of a family member?

Yes. We can offer expert legal advice and guidance in a whole range of scenarios: whether you’re acting on behalf of someone in your family (as their Litigation Friend) or if you need to be involved in the proceedings yourself to make sure your views are taken into account.

Our Court of Protection solicitors regularly act for individuals through the Official Solicitor in cases where there is no one available to be their Litigation Friend. We can also act through an independent advocate. We’re experts in negotiating the often tricky overlap between the Act and the Mental Capacity Act when a patient is discharged from hospital, or in relation to authorising certain forms of treatment.

We have expertise in dealing with community care, public law, mental health and human rights issues, all of which often arise alongside Court of Protection matters.

This ensures we take a problem-solving approach to each individual case so that we always get the very best outcome for our clients. Our in-depth, practical knowledge of different services and options for supporting people with complex health and social care needs is invaluable.

Our Court of Protection team works closely and effectively with the firm’s experienced Elderly Persons Unit, drawing on its expertise in a whole range of related areas.

How can I fund my case? Legal Aid in England & Wales

Our contract with the Legal Aid Agency means we can offer Legal Aid in many cases, subject to eligibility criteria. If Legal Aid isn’t available we can advise on other funding arrangements so that your case is made as affordable as possible. We’ll keep you 100% informed about costs as your case progresses so you’re never in the dark and so there are no nasty surprises at the end.

Contact our Court of Protection Lawyers in London

We serve clients all over England, including in London, Herefordshire, Bristol, Poole, Isle of Wight, Northampton, Oxford, Flyde Coast and Broadmoor.

For more information get in touch via our online contact form or call our team now on 020 3972 9011 .