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Court of Protection

At Goodman Ray, we advise and represent families where an adult relative lacks the capacity to make decisions for themselves. Someone may lack capacity because of mental ill health, dementia, serious brain injury or other disability.

Decisions could involve managing someone’s benefits, decisions around consent to medical treatment, marriage or sexual relations for example, or decisions around their accommodation needs or whether they should be detained under the Mental Health Act and deprived of their liberty. There might be the need for much broader and continuing responsibilities enabling you to manage a whole range of someone’s personal affairs throughout their life on an ongoing basis.

Our Court of Protection team has a wealth of experience advising and representing individuals in a range of cases involving decision making for vulnerable individuals. We are all solicitors with extensive backgrounds in child protection work and acting for families in a range of welfare decisions for both children and adults. We have an in depth knowledge of how welfare decisions are approached by the Court and what is needed to present a case in the most effective way. We have considerable expertise dealing with social services and other professional bodies who may decide to intervene in family life. We represent family members and in some cases the individual, the “protected party” themselves through the Official Solicitor.

Our team can help you decide what level of permission you need depending on the circumstances of your relative and the case. For example if your relative has not yet lost capacity but wishes to plan for a time when this will or may happen, you can together enter into a lasting power of attorney. If it is a question of managing someone’s benefits, you can apply to become an appointee. If a significant one off decision is needed or if wider and ongoing permission is required and someone has already lost capacity, you could apply to the Court of Protection for permission to become a deputy and we can help you with the application and representation at Court. The Court of Protection can then either make the decision itself on behalf of the relative or decide whether to give decision-making powers to you or someone else such as a solicitor.

Sometimes another body who is concerned with the welfare or protection of an adult who lacks capacity such as social services or the NHS will make the application to the Court of Protection. Often family members become involved in the proceedings as Respondents if they wish to intervene and we can advise and represent you in the Court of Protection. We can look at your funding options including whether you may be entitled to legal aid funding.

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For further information please contact one of our specialists

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