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The law is complex and without legal advice problems can arise during the capacity assessment process which could mean decisions are made by Health and Social Services rather than the individual or their family. We can assist at all stages of the mental capacity assessment.

We can also provide the following support:

Advise family members of the principals of the Mental Capacity Act and Best Interest Decision Making so you can support your relative in getting the outcome you believe they would want and should have
Your duties under the Mental Capacity Act 2005 as an attorney or deputy
Your position to the NHS or Social Services if they suggest you have not acted in your relative’s best interests

Advice regarding Deprivation of Liberty Safeguard (DoLS). A deprivation of liberty can occur when an adult, who lacks the mental capacity to make decisions about their care, is under continuous supervision and control and is not free to leave their care environment.

This can occur in a hospital, care homes or in a community based placement. DoLS are part of the framework introduced by the Mental Capacity Act 2005 and is a legal safeguard to ensure the restrictions put in place are necessary, appropriate and proportionate.

Our expert team can help you ensure your vulnerable relative is properly protected by the law

How can we help?

We have a specialist team with a wealth of experience in Court of Protection matters. We can also draw on specialisms from across the firm including our Trust, Probate and Contentious Teams. Our firm’s values of striving for excellence, being supportive and approachable, mean we provide exceptional client care and can guide you through the process.

I would like to say a special thank you to Rose who has always been very approachable and friendly, leaving me at ease whenever I have had a question.

Debbie

Thank you all for the work you have put in gathering information and eventually bringing this to a close.

Debbie

Professional, efficient and a pleasure to work with.

Deborah

Thank you so much Robyn. You have been wonderful throughout this difficult time.

Private Client