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Court of Protection

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Following an accident or serious illness it can be difficult to make decisions about the management of your own or a family member’s personal finances, as well as decisions about personal welfare and healthcare matters.

The Court of Protection is a specialist Court that makes decisions about individuals who do not have the mental capacity to make the decisions themselves. The Court of Protection works alongside the Office of the Public Guardian which was set up to oversee and supervise the general management of the affairs of people lacking capacity.

The Court of Protection exists purely to protect the interests of anyone lacking mental capacity. Its sole aim is to safeguard the welfare and financial affairs of vulnerable people suffering from mental incapacity which may arise as a result of a learning disability, congenital conditions, old age and mental illness or as a result of an accident or medical negligence.

Anyone appointed as a Deputy by the Court of Protection has a tremendous responsibility towards the vulnerable person who may no longer able to manage their own affairs. They will be expected to deal  with issues such as paying the bills for care fees, wages for care staff and the like as well as making decisions about health and medical treatment and  making sure the vulnerable person’s day to day needs and requirements are taken care of.

Our dedicated and experienced team specialises in matters relating to the Court of Protection. Charlotte Dunn, Partner and Head of Department, was appointed to the 70 member official panel of Professional Deputies of the Court in 2011.

The Court of Protection, its interpretation and application of the Mental Capacity Act, and the way it exercises its authority can often be contentious. However, our knowledge and ability to balance the emotive nature of this work, the needs of our clients and the specific requirements of the Court means that we are able to effectively progress the most sensitive and complex of cases whilst ensuring the vulnerable person is treated with the dignity, consideration and respect they deserve.

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