Court of Protection2019-04-25T12:03:16+01:00

Court of Protection

The Court of Protection is the specialist court in England and Wales which can determine whether a person has or lacks mental capacity to make a specific decision that needs to be made.

The Court of Protection can also make  ‘best interests’ orders which determine what decision is in a person’s best interests in circumstances where they lack capacity to make that decision themselves.

Health and Welfare

Examples of decisions that a person may need to make about their health and welfare include; consenting to a certain type of medical treatment; where they should live or whether they can travel abroad safely.

Our team of solicitors is experienced in acting for protected parties and relatives in Court of Protection proceedings where capacity and best interests regarding a person’s health and welfare need to be determined by the court.

Court of Protection proceedings usually become necessary when a decision that needs to be made is difficult or complex or if someone concerned with a person’s welfare disagrees with a court of action that is being taken.

We are experienced in acting in a wide-range of health and welfare issues as a person may lack capacity to make any type of decision that needs to be made.

  • Where a person should live;
  • What care support a person should receive;
  • Whether a person should have contact with another person.

As well as acting in court proceedings, we are also experienced in assisting and advising our clients in trying to resolve any issues about mental capacity or best interests which might be in dispute before it becomes necessary for court proceedings to take place.

We regularly provide advice to relatives, carers and advocacy grounds regarding whether the right steps have been taken to assess a person’s mental capacity, whether the best interests decision-making framework has been followed properly or to negotiate an agreed outcome with other parties involved in the case.

Capacity and Best Interests

Our team of specialist solicitors are experienced in advising and representing family members, advocates and the Official Solicitor in cases regarding the health and welfare of vulnerable people who lack mental capacity.

The team is recommended in the Legal 500 Directory under the Court of Protection category. The Legal 500 2018 directory said the team;

Provides an exemplary service for vulnerable clients. The solicitors without fail work hard on every case to get the best outcome for the client with great care and dedication.”

We provide advice and legal representation at every stage of cases concerning a person’s mental capacity and ‘best interests’ in the Court of Protection.

We regularly act in Court of Protection proceedings concerning the health and welfare of vulnerable people who lack mental capacity.

  • Where a person should live;
  • The care support they should receive;
  • The contact they should have with friends and/or family;
  • Whether they should have a particular type of medical treatment
  • Challenges to an urgent or standard authorisation which has been granted under the Deprivation of Liberty Safeguards (DOLS)

Our team of solicitors are also specialists in community care law and so they are experienced in cases concerning obtaining suitable care support from local authority social services departments. Often there is an overlap regarding securing suitable support for vulnerable people subject to Court of Protection proceedings. Our experience and track record in both areas is advantageous to our clients.

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GT Stewart has established itself as a leading firm in the UK for criminal, housing, mental health and family law, specialising in private cases and also Legal Aid work.

We pride ourselves on regular referrals from other firms and agencies

We are known for our tenacity when representing those engaged in challenging the State or defending themselves against a prosecution.