At Watson Woodhouse, we have a team of specialist court of protection solicitors who will, based on your circumstances, provide advice and guidance. If The Court of Protection is involved in making decisions for your loved one who doesn’t have the mental capacity to manage their own affairs and decisions around welfare, we recommend a conversation. For a free initial consultation, contact our team today.

Individuals may lack capacity due to dementia, a learning disability or brain injury. If you have a loved one in this situation it’s important to seek the right advice as early as possible.

Free Initial Discussion

For a no-obligation discussion, call our specialist Mental Capacity solicitors on 01642 247656 or use our contact form, and we will call you back.

Court of Protection Solicitors

The court of protection takes the circumstances of an individual fully into consideration. Powers are given to others via a Lasting Power of Attorney with said person known as a ‘Deputy’. This can be a solicitor, friend or family member. The deputy makes legal decisions and manages financial affairs.

Court of Protection solicitors at Watson Woodhouse assist with the following welfare matters:

• Medical treatment 
• Sexual relations and marriage
• Where someone should live
• Receipt of care
• Contact with others

Legal aid is available in such cases subject to eligibility.

We also assist in cases involving deprivation of liberty (DOLS). This authorisation is put in place when an individual is being deprived of their liberty and doesn’t have the mental capacity to consent. For example, if a person living in a care home is not free to leave without supervision but objects to this, a challenge made to the Court of Protection will consider their best interests.

Court of Protection Information

Anyone can apply to the Court of Protection. If under 18 the responsibility falls to a legal guardian who can apply without permission. A solicitor, deputy or anyone named in a court order is able to apply without permission. Family members, healthcare and local authorities can apply but require permission.

The Mental Capacity Act 2005 determines how decisions are made on behalf of someone lacking capacity by investigating the following:

• Does the individual understand information relevant to a decision they are being asked to make? 
• Can the individual retain relevant information?
• Is the person able to weigh up information, helping to reach a decision?
• Can the person communicate their decision, verbally or non verbally?

The challenge may be brought on behalf of a person lacking capacity by a family member. A Relevant Person’s Representative (family member or professional), brings the challenge on their behalf. Non-means tested legal aid is available when bringing an application on behalf of the person lacking capacity.

Our court of protection solicitors put your needs first, ensuring the process is as straightforward as possible. With a Mental Health contract in place, we’re able to represent those who need us the most. Working with the Citizens Advice Bureau and charities such as Mind, we’ll assist you effectively and with empathy. 

How Watson Woodhouse Can Help

We are here to help.

Call us for a FREE and confidential consultation with a specialist solicitor on 01642 247656.

Alternatively, complete our online contact form and one of our solicitors will be in touch.

Watson Woodhouse Solicitors provides support to clients throughout England and Wales.