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Court of Protection

Navigating Mental Health and Mental Capacity with Empathy and Expertise

“An outstanding team with significant experience of complex and novel Court of Protection welfare cases. They demonstrate impressive knowledge of the legal and technical aspects of the area, as well as practical matters and crossovers with related legal areas, such as mental health.”

Legal 500 2025 Testimonial

Life presents difficult choices, but sometimes making these decisions can be challenging due to changes in mental capacity. Where someone lacks the mental capacity to make a particular decision for themselves the Mental Capacity Act 2005 provides a framework for decision making. Our experienced solicitors at Dovestone Law are here to guide clients through the complexities of the Court of Protection process to ensure that our client’s voice is heard within the proceedings and that any potential restrictions imposed on an individual’s liberty are necessary and proportionate to the risk of harm.

What is the Court of Protection?

The Court of Protection is responsible for assisting individuals that are said to lack the mental capacity’ to make certain decisions. The court can make decisions relating to a person’s health and welfare and/or their property and financial affairs. Always in their best interests, determinations on the following issues can be made:

  • Deprivations of liberty
  • Where a person should live and the type of care they should receive
  • What contact a person should have with others
  • Issues relating to finances and property
  • Serious medical treatment

Court of Protection

The Mental Capacity Act 2005 is likely to touch the lives of many, because at some point, either you or someone you know may be assessed as lacking capacity to make a decision relating to everyday life.

A person must be assumed to have capacity unless it is established that the person lacks capacity. The question of whether someone has capacity is not always straightforward as issues are time and decision specific. For example, a person may have capacity to decide where they live but lack the capacity to make decisions regarding their care and treatment. Also, capacity can fluctuate.

Our experienced team consists of recognised experts, accredited legal representatives (ALR’s) under the Law Society’s Mental Capacity (Welfare) Accreditation Scheme. Our panel solicitors can be appointed in the confidence that members of our team are well placed to secure a vulnerable client’s participation in Court of Protection proceedings having the recognised level of expertise in Mental Capacity Law and experience of working with vulnerable individuals and their families to protect their best interests.

Prospective clients and those making referrals on their behalf can choose Dovestone Law in the knowledge that members of our team have proven knowledge of Court of Protection practice and procedure, an ability to consider the often conflicting needs of a vulnerable client and procedures in a practical and sensitive manner. We understand the particular sensitivities and vulnerabilities of clients, the scope for conflicts of interest within proceedings and the effect of the decisions in health and welfare matters. We welcome referrals from Independent Mental Capacity Advocates (IMCA’s) and paid relevant persons representative (RPR’s).

Public Funding

The framework for legal aid funding is governed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). There are two forms of funding: Legal Help and Certificated funding. Our experienced solicitors can assess prospective clients to determine whether their case is within funding scope and eligibility for public funding.

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