Health & Social Care Law

Yes. Often, the person who needs community care can’t seek advice themselves, either because they are a child, or as a result of their disability. In these situations, a family member, carer, or other suitable person can seek advice on their behalf. In many of our cases, ‘litigation friends’ are appointed to act on behalf of children or adults who don’t have the mental capacity to make decisions themselves.

To have mental capacity means to:

• Understand what a decision involves
• Be able to ‘weigh up’ information to reach a decision
• Remember information long enough to make the decision
• Communicate the decision to others.

If a person can’t do this, you can apply to the Court of Protection to advocate for them. We can help you with the application process, or act as a deputy for them ourselves.

Means-tested legal aid is still available for this area of law. The means test is carried out in relation to the person who’s getting the benefit of legal representation. If you’re claiming social services or healthcare, it’s you who will be getting means tested. If your income is from state benefits, or if you’re on a low income and don’t have any significant savings, then you’re likely to qualify for legal aid.

The income or savings of your other family members isn’t usually taken into account. Some of our clients also fund their cases through Legal Expenses Insurance, and so pay nothing for our advice. Whatever your funding method, we will always advise you on how best to fund your case.