Court of Protection – Welfare Matters

June 2018                                             No: 1

As awareness of Lasting Powers of Attorney (LPAs) and the Court of Protection grows, many people still associate these with dealing with an individual’s finances. At odonnells solicitors, we have grown over the years to specialise in dealing with welfare decisions that often have to be made on behalf of someone else.

This can include making a decision for a client with dementia to stay at home or move into residential care, for a client with a learning disability to live as independently as possible and for families to maintain contact with each other.

When an individual lacks capacity to make a decision and no LPA or deputyship appointment is in place, a best interests decision is made on their behalf.  This may require approval from the Court of Protection, or where the parties involved are not in agreement as to what is an individual’s best interests, the court will be asked to decide.

We regularly act on behalf of people who lack capacity, appointed by a litigation friend, or for families who are keen to ensure their relative’s best interests are served. Our cases often include situations where someone is deprived of their liberty in a care home or supported living placement and our role is to make sure the court has all the relevant information to be able to make a decision on the individual’s behalf.

The Law Society recently introduced an accreditation scheme to recognise the importance of having a specialist lawyer deal with welfare matters and we are delighted that both Philippa Curran and Ruth Muncaster of this firm have been appointed as Accredited Legal Representatives to undertake this work.

For more information, please contact odonnells Solicitors on 01772 881000.

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