Mental Capacity Lawyers

The Court of Protection helps people who can’t make their own decisions due to a lack of mental capacity – for example about their money, property, health, or welfare.

If these decisions need to be made on an ongoing basis, the Court can appoint someone (a deputy) to make them.

We can help you become appointed as a deputy, or act as a property and affairs deputy ourselves.

When someone lacks the mental capacity to make a decision, an Independent Mental Capacity Advocate (IMCA) will often be appointed to consult on their best interests (if there’s no one else appropriate, such as a spouse or parent).

Relevant Person's Representatives (RPRs) are appointed to people subject to a Deprivation of Liberty Safeguards (DoLS) authorisation in a hospital or care home. The RPR supports them through the process, including supporting them to challenge their deprivation of liberty if required.

If there’s no one else suitable to take on the role of representative, a paid Relevant Person's Representative (PRPR) will be appointed.

Find out more about representing someone as an IMCA, RPR, or litigation friend.

Sometimes a person who cannot make decisions about their own care needs restrictions to keep them safe. In some cases, those restrictions are so significant that they amount to a deprivation of liberty.

Health and social care bodies must consider the person's individual circumstances, including the restrictions in place and the person's wishes and feelings, to decide whether a deprivation of liberty exists. If it does, legal authorisation may be needed to protect the person's rights.

In some situations, you can get authorisation through the ‘Deprivation of Liberty Safeguards’, which allows local councils to authorise deprivation of liberty. However, in many circumstances this authorisation can only come from the Court of Protection.

Disputes over this issue can be extremely complex.

Find out more about Deprivation of Liberty Safeguards (DoLS).