Mental Capacity Lawyers

The Court of Protection helps people who can’t make their own decisions due to a lack of mental capacity – for example about their money, property, health, or welfare. If these decisions need to be made on an ongoing basis, the Court can appoint someone (a deputy) to make them. We can help you become appointed as a deputy, or act as a deputy ourselves.

When someone lacks the mental capacity to make a decision, an Independent Mental Capacity Advocate (IMCA) will often be appointed to consult on their best interests (if there’s no one else appropriate, like a spouse or parent).

Relevant Person's Representatives (RPRs) are appointed to people subject to a Deprivation of Liberty Safeguards (DoLS) authorisation in a hospital or care home. The RPR supports them through the process, including supporting them to challenge their deprivation of liberty if required.

If there’s no one else to take on the role of representative, a paid Relevant Person's Representative (PRPR) will be appointed.

Get help with IMCAs or RPRs

A 'deprivation of liberty' is when an adult without mental capacity to make decisions about their care is under continuous supervision, and is not free to leave their place of residence. The purpose is to keep them safe – but a recent landmark case that we were involved in (the ‘Cheshire West’ case) has established that proper authorisation is needed, even where there’s good reason for the deprivation of liberty.

In some situations, you can get authorisation through the ‘Deprivation of Liberty Safeguards’, which allows local councils to authorise deprivation of liberty. However, in many circumstances this authorisation can only come from the Court of Protection.

Disputes over this issue can be extremely complex.

Get help with DoLS