In situations when an individual lacks the mental capacity to make decisions for themselves (as decreed under the Mental Capacity Act 2005), those involved with that person’s care need to make decisions on their behalf. This might be family members, a local authority or the NHS Trust. Sometimes, however, disputes arise between the people who are being asked to make those decisions. When these disputes cannot be resolved, despite the best efforts of those involved, it may be necessary to seek assistance from what is known as the Court of Protection.
At Murria Solicitors, we have a specialist team who are able to provide guidance, assistance and legal representation to family members and advocates of people who are deemed to lack capacity, and indeed to the people themselves. We can intervene at the outset of a dispute or once applications have been made to the Court of Protection.
The Court of Protection has the power to:
- decide whether a person has the capacity to make decisions for themselves or not
- make financial, health and welfare decisions for that person
- appoint (and remove) deputies who can make decisions on behalf of that person
- judge the validity of powers of attorney
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If you have any questions about this complex legal area, please give us a call at Murria Solicitors today.