Court of Protection – Health & Welfare

Our experienced team assists clients in all matters relating to their capacity to make decisions around their personal welfare. From decisions about where one should live, to whether they should marry, we are here to help.

Why choose HAB Law?

We listen, we understand and we genuinely care about the legal rights of all people that we represent. We know the burden and distress that comes with navigating mental capacity issues and matters within the Court of Protection.

That’s why our team are committed to helping you navigate the legalities of any decisions that affect a person’s life, ensuring that you’re treated with respect and dignity throughout your case, and the best interests of everyone involved are represented and protected.

When you need us most, we’ll be there to offer sound, sensible legal advice and guidance.

What is mental capacity?

Mental capacity is a person’s ability to make decisions for themselves. A person who is unable to do this ‘lacks capacity’ – this could be because of a brain injury, learning disability, illness or a mental health issue. Whatever the circumstances, our dedicated Court of Protection Solicitors offer a personalised service, focused around you.

What is the Court of Protection?

The Court of Protection was created under the Mental Capacity Act of 2005. It is a specialist court which is concerned with safeguarding the property, financial affairs and personal welfare of those who have been assessed as lacking the mental capacity to make decisions for themselves. The Court has a wide range of powers from deciding complex matters concerning a person’s care and treatment to decisions concerning the validity of lasting powers of attorney and the appointment of deputies.

What can we help with?

If you or a family member lacks the mental capacity to make important decisions, HAB’s compassionate Court of Protection team can assist you from the outset, not just in Court. We offer reliable legal advice and representation when the Court of Protection is making big decisions on your behalf or on behalf of a family member.

For example, we can assist with:
  • Court of Protection applications
  • Advice about the laws relating to mental capacity and the Mental Capacity Act 2005
  • Reaching decisions that are in a person’s best interests
  • Disputes or concerns about whether a person is able to make a particular decision and if not, what is in their best interests
  • Whether someone can consent to sexual relations and marriage
  • Arrangements about where a person should live or with whom they should have contact
  • Disputes about medical treatment arrangements
  • Concerns about a Deprivation of Liberty

Having the right legal advice and guidance is crucial to ensuring that a person’s best interests are met. Our team will provide you with peace of mind legal representation throughout your case, ensuring that you’re not alone.

Legal Fees

Legal Aid may be available to cover the cost of legal representation in the Court of Protection. This means that your legal costs could be wholly or partially paid by the Legal Aid Agency.

If you’re subject to a Deprivation of Liberty and wish to challenge this, you could be eligible for non means tested Legal Aid. In other cases, you could be eligible for means-tested Legal Aid.

Our expert team will always advise you on whether Legal Aid is available to you. However, if you’re ineligible for Legal Aid, we will discuss private fee paying options and payment plans with you. The priority is ensuring that you have access to the highest standard of legal representation.

Contact us now to get the help you need