Court of Protection Welfare Matters
Our Court of Protection department is headed by Consultant Solicitor Clare O’Shea who has over 20 years’ experience and was the first solicitor in the area to be Accredited by the Law Society in Welfare matters and approved as an Accredited Legal Representative.
The Mental Capacity Act 2005 established the Court of Protection to make decisions on behalf of those who have been deemed to lack the capacity to make decision for themselves. All decisions must be made in their best interests.
The Court of Protection can make decisions about matters relating to an incapacitated persons health and welfare including:
- Whether someone has or lacks capacity
- Where they should reside
- What care they should receive
- What medical treatment they should receive
- What contact they should have with family and others
- Whether it is in their best interests to be deprived of their liberty, including challenges to a DOLS Standard Authorisation under S21a of the MCA
- Dealing with serious concerns about welfare/safeguarding matters
We can advise upon when it is necessary to make an application to the COP or represent when an application has already been made.
We can represent the person who lacks mental capacity via a litigation friend or act for family members or anyone with a close interest in the persons welfare.
If you have someone close to you who lacks capacity to make their own decisions and you are concerned about their welfare and decisions being made about them by public bodies such as a Local Authority or Health Board we can advise.
Funding
Legal aid is available for cases that have sufficient merit, these are usually means tested so the client will need to be financially eligible. We can assist you in establishing eligibility.
Some matters are non means tested, such as S21a applications to challenge a DOLS Standard Authorisation or welfare matters involving 16- to 17-year-olds.
If you or the person that lacks capacity are not eligible for legal aid, we can represent on a private fee-paying basis and could provide you with an estimate of the likely costs of doing so.
Home Visits can be arranged if you have difficulties attending our office.