How our Court of Protection Lawyers Work With Dementia Clients

Posted on: 2 mins read
Melanie Varey

Partner, Head of Court of Protection

Share Article:

Dementia can affect you at virtually any age.  There are nearly a million people in the UK with the condition and if you have it, for you and your family, it can be an anxious time.  If you have a case that needs to go to the Court of Protection, it is crucial that the right representation is secured and that the person representing you or your loved one has the skill and expertise to understand the condition and communicate effectively with you or your family member.

At Simpson Millar we have a team of specialist lawyers across the country to represent people that lack capacity or their family members in health and welfare related Court of Protection proceedings.  Two of the solicitors in the department, Mel Varey and Kevin Lloyd, are specially accredited.  This gives you the reassurance that you will be supported by a team of professionals with specialist expertise who understand your case and how the issues affect you and your family. 

In Court of Protection proceedings, the judge must decide how the person that the case is about should be involved as it is important that the court is made aware of their wishes and feelings.  In some circumstances, an Accredited Legal Representative can be appointed by the court to represent the person lacking capacity and ensure their voice is heard.  Guidance from the Law Society states that they must:

  • meet and establish the persons wishes and feelings about the decisions being made by the court;
  • decide how to keep them informed of a case as it develops;
  • obtain and consider the papers in the case;
  • obtain and consider any relevant documentation including health and social care records;
  • correspond with the Legal Aid Agency on their behalf if they are eligible;
  • decide whether to instruct a barrister on their behalf;
  • prepare for the court hearings giving consideration of whether they should take part and if so how this can be achieved.
TrustpilotStarsWe're ratedExcellent

What is an Accredited Legal Representative?

Accredited Legal Representatives are specialist lawyers, who offer advice to vulnerable people and their families in health and welfare cases under the Mental Capacity Act 2005 who have been accredited by the Law Society under the Mental Capacity (Welfare) Accreditation Scheme.  To apply for accreditation, the lawyer must pass a training course, submit a detailed application to confirm that they have the relevant level and length of experience in this area of law, and pass an assessment. 

This accreditation is described by the Law Society as “a quality standard for practitioners”.

Having this service within our Court of Protection team allows us to help you quickly and expertly in your time of need.

Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 9764

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose