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.