What is it?
When an individual is found to lack the capacity to make a decision, within the meaning of the Mental Capacity Act 2005 , it becomes necessary for those involved with their care (including perhaps the local authority, NHS Trust and/or family members) to step in and consider what decisions should be made in that person’s best interests.
If disputes arise between the people making those decisions, which cannot be resolved, it may, as a last resort, be necessary to seek assistance from the Court of Protection.
Our specialist solicitors provide advice, assistance and representation to those believed to lack capacity and/or their family members and advocates. This can be done both in relation to the early stages of disputes and, if necessary, in relation to applications made to the Court of Protection.
Court of Protection's Powers
The Court of Protection is there to protect vulnerable people and has the power
- Decide if a person has capacity to make a decision for themselves and if not, to make it for them
- Make decisions on financial or health and welfare matters for that person, including resolving disputes between individuals involved in that person’s care, as to what is in their best interests
- Appoint deputies to take decisions on that person’s behalf, and ensure that the deputy so appointed acts correctly – if they do not the Court of Protection has the right to remove them
- Decide on the validity of a lasting power of attorney or enduring power of attorney, and also to hear cases regarding objections to these legal documents
Chambers and Partners 2017
"Thriving health and welfare practice with strong expertise in handling matters involving disputes with local authorities and health trusts. Routinely instructed to act in deprivation of liberty and medical treatment cases on behalf of individuals who lack capacity, as well as disabled and elderly people."
"Impressed sources appreciate that Julie Cornes 'is extremely helpful - she has a clear and approachable style that makes her an effective communicator, particularly with vulnerable clients.' She maintains her reputation as a top choice for clients in relation to health and welfare disputes in the Court of Protection, particularly in deprivation of liberty and best interests' cases."
"According to sources, Angela Jackman 'is a very capable practitioner,' who has been involved in 'a string of complicated deprivation of liberty cases.' Sources add that 'she is very helpful, professional, and fast in preparing the relevant paperwork.'"
"The 'exceptional' Oliver Studdert is praised by sources for his 'very sound instinct through all the twists and turns of this work.' He is noted for his experience handling cases on behalf of individuals lacking capacity, particularly children."
Our Legal Experts
Our Court of Protection team, headed by Julie Cornes and Angela Jackman who are recognised as "leaders in the field", is highly recognised by Chambers & Partners and the Legal 500. Our deprivation of liberty team is comprised of three partners, five solicitors and several legally qualified support staff.
We have acted in a number of important cases which have developed the law in relation to Relevant Person's Representatives when acting as litigation friend to a person deprived of their liberty in Court of Protection cases. For example, we conducted the landmark case of AB v LCC & Care Manager of BCH which established that a Relevant Person's Representative can properly act as litigation friend in DOLS proceedings.
The Legal 500 2016
"Simpson Millar LLP is well known for its expertise in Court of Protection work; ‘all its solicitors are very committed to its clients’. The practice covers a significant range of social welfare cases. Julie Cornes ‘works tirelessly on complex and demanding cases and is a very skilled and effective negotiator’.
Other members of the ‘consistently strong team’ include the ‘intelligent and insightful’ Angela Jackman; solicitor Zena Soormally, who is noted for her ‘great attention to detail’; and Oliver Studdert, who ‘keeps on top of the most challenging cases’."
- We have particular experience of acting in high value
personal injury or
medical negligence cases where loss of capacity has occurred and it is essential
for the Deputy to work
closely with the legal team recovering compensation, prior to settlement of the
- We can give advice on and prepare Lasting Power of Attorneys
- Our Independent Financial Advisor can provide financial advice to claimants'
representatives, including deputies and the trustees of personal injury trusts.
A legal settlement may need to last for many years. It is therefore important that
ongoing financial advice is taken to help achieve individual financial objectives...
Read our financial guide here
Get in touch…
Give our Court of Protection Solicitors a call now on freephone: 0808 129 3320 or simply send us your question by email using our online form
and we will get in touch and offer you the legal assistance you need to get your
affairs in order.