How are Capacity Issues dealt with?

Capacity issues are dealt with in the Court of Protection. This court has jurisdiction to make orders for persons who are deemed to lack capacity in the following areas:

  • Property and Affairs
  • Residence and Care
  • Advanced Decisions
  • Deprivation of Liberty matters

We are one of the few firms who have vast experience in this complex area of law. We are able to provide advice and represent persons who are deemed to lack capacity, their family members or those acting as litigation friend. We have undertaken work in this area also for the Official Solicitor.

How can this work be funded?

This work can either be privately funded or can be undertaken on a Public funding (Legal Aid) basis subject to eligibility. Those persons that are deemed to be deprived of their liberty or those that have been appointed as their Relevant Persons Representative (RPR) will automatically be entitled to receive public funding when challenging the Deprivation of Liberty.

The Team are able to travel to all care homes and hospitals in the UK for such matters.

Recent cases

Recently the team took the case of K v LBX & Ors [2012] EWCA Civ 79 to the Court of Appeal on behalf of a father. The court clarified the position with respect to the existence of a “starting point” in best interest decision cases.