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Mental Capacity & Court of Protection

Help to manage the affairs of people who cannot make decisions for themselves or need support because they have lost mental capacity.




What is Capacity and Court of Protection?

Every adult has the right to make his or her own decisions, but sometimes because of illness or injury, this may not be possible. Where somebody lacks the capacity to make decisions, the court may appoint a deputy to do this on their behalf to deal with decisions or actions, these are taken under the Mental Capacity Act.

Unfortunately, sometimes deputies may act beyond their remit or even dishonestly, which may result in having to remove a deputy.

What is a Lasting Power of Attorney?

A lasting power of attorney (LPA) is a legal document that enables you to say who you would like to make decisions on your behalf should you be unable to in the future. There are two types, one for finances and property and another concerned with your health and welfare. Our specialist team of capacity and court of protection solicitors can help arrange a power of attorney.

For most of us, giving gifts on birthdays and marriages hardly requires a second thought, and we all hope to have something to pass on to our loved ones at the end of life. But if a person lacks the capacity to make these decisions, you may need to do it for them, and this is where the capacity and court of protection solicitor team steps in.

Managing Assets under a Deputyship

When it comes to managing assets under a deputyship, we have a team of highly skilled solicitors able to act as deputies for a range of different clients. Take a look at our page on appointing a deputyship.

Deputyships come in a variety of different shapes and sizes, such as managing the lifelong care of children with brain damage, the support for young people with learning disabilities or the affairs of elderly dementia patients.

Decisions made as to the care and treatment of an incapacitated person are not always correct.  Where there is a concern as to neglect or mistreatment, family or friends may seek to intervene through the courts.

Capacity and Court of Protection Solicitors for those Abusing their Power

Sadly, not everyone trusted to look after the financial or welfare aspects of someone lacking mental capacity acts in their best interests. Where you suspect a person is abusing their power of attorney, you should act as soon as possible. We can assist in removing lasting and enduring power of attorney through highly professional capacity and court of protection solicitors.

Why Choose Anthony Gold?

Some children or young people who have complex educational needs require additional support to enable them to meet those needs. At Anthony Gold, we understand that children and young adults, who have special educational needs as the result of an injury or disability, require specialist and tailored support. Our Capacity and Court of Protection solicitor team supports children and young people who lack capacity and who have special educational needs.

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