Mental Capacity and Court of Protection

MENTAL CAPACITY LAW/COURT OF PROTECTION

Duncan Lewis is able to draw upon its extensive expertise in Mental Health Law to provide specialist advice, assistance and representation in relation to all aspects of Mental Capacity Law including assisting clients in disputed cases arising in the Court of Protection. Duncan Lewis has been recognised by Legal 500 2015 Edition as a leading practice in Court of Protection and Mental Capacity practice.

The Court of Protection is a specialist Court set up under the Mental Capacity Act 2005 to make decisions on behalf of the most vulnerable in our society who have been assessed as lacking capacity. The Court’s powers include deciding whether someone has capacity in relation to a particular decision, making decisions in respect of someone’s residence, contact with certain persons, whether someone should undergo serious medical treatment, appointing or removing people who make decisions on someone's behalf, and making decisions relating to Lasting Powers of Attorney or Enduring Powers of Attorney.

Our expertise covers a range of mental capacity issues, whether they relate to finance, health and welfare, or the Deprivation of Liberty Safeguards procedure.

At Duncan Lewis we specialise in assisting patients, family members and carers in Mental

Capacity issues who are in dispute with the statutory authorities, for example, whether someone should be cared for at home or in a nursing home as well as Declarations of Best Interest and Deprivation of Liberty cases.

We pride ourselves on providing a professional and efficient service with a sensitive and constructive approach to our clients and their problems. An essential element of our service will be to advise on the options available for funding including eligibility for public funding.

If your matter is related to a health and/or welfare issue under the Mental Capacity Act 2005, then please do not hesitate to contact us.