Mental Capacity

Court of Protection

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    The Court of Protection is responsible for looking after the welfare of those who are unable to make decisions for themselves because they do not have mental capacity.

    With the power to intervene regarding both property and financial affairs and health and welfare decisions, the Court is responsible for appointing Deputies, and making decisions regarding Deprivation of Liberty.

    Our expert team of Court of Protection solicitors have years of experience in working with the Court. Contact them today and find out how they can help.



    Jon’s Story


    We act for Jon who is profoundly disabled.  He is supported by a team of 13 carers.  He was living in a bungalow which had some adaptations to it but was not suitable for his long term care needs.  The family and his care team discussed with Jon if he would like to consider moving to somewhere that would be better positioned and more suitable for him.

    In view of Jon’s compromised capacity an assessment was carried out so that we could be satisfied that Jon could be involved with the decision making process.  A dilapidated property was identified close to where Jon was living.  Professional advice was sought as to the suitability of the plot of land on which the property stood for building works.

    Jon had always lived with his mother.  He wanted to have his independence but have his mother still living close by.  The architect was able to plan for two properties on the plot of land, one for Jon and one for his mother.  An application was made to the court of protection.  Plans were drawn up and specifications prepared, together with costings and also taking into account his existing assets.


    What happened next?


    The senior judge at the court of protection approved the application and allowed a budget of £1.35 million for the two properties to be built.  Jon moved into his bespoke property recently and his mother was able to move into the new property next door.  Jon has all the facilities he needs for his future.  The colour scheme for the kitchen had to be in the same colour as his beloved football team and he enjoys a cinema room upstairs which has real cinema seats complete with drink/popcorn holders.  We have since sold the property where Jon previously lived and reinvested the money on his behalf for his future.

    All names have been changed to protect the identities of the individuals

    Fluctuating Capacity

    The Mental Capacity Act 2005 recognises that over the course of a person’s lifetime, their ability to make correct decisions (capacity) will change. Sometimes it can get progressively worse because of conditions like dementia, but in other cases (such as recovering after a stroke or a brain injury), you may lose capacity only to regain it later.

    In these cases it is important that the person is given back the legal right to make their own decisions again, and this is overseen by the Court of Protection. Our lawyers are experienced in dealing with these kind of cases. Speak to them about fluctuating capacity today.