The law in this area is set out in the Mental Capacity Act 2011, and oversight and administration of this legal area is carried out by the Office of the Public Guardian. Where necessary, legal decisions are made in the Court of Protection.
In these cases, the incapacitated person is commonly described as the ‘patient’ and if you are entrusted with decision making for a patient, the law obliges you to act in the patient’s best interests.
Understandably it is not always easy to decide what this means when applied to a particular set of facts, which is why experience and knowledge of the law is vital.
This is where our team can help. We can offer you a practical and experienced service in supporting patients with both strategic and routine day-to-day matters, and expert co-ordination with the Court of Protection, the Office of the Public Guardian, as well as the third sector and all those involved in the administration of the patient’s care.
Two of our lawyers act as Court of Protection Panel Deputies, meaning that they have been endorsed by the Court as trusted experts in this field. They are supported by a large, highly skilled team who carry out day-to-day functions in a cost-effective, sympathetic and time-efficient manner. Their appointments often arise where families cannot agree who should look after a patient’s affairs, or where there is no-one suitable to do so.
With the firm’s national reach, we can act for clients and families across the whole country.
Our advice and assistance is often sought where:
- A family or carers are concerned about someone’s ability to manage their financial affairs
- Questions arise about the ability of an existing deputy or attorney to carry out effective management of someone’s affairs
- A specific issue arises in connection with the management of a person’s affairs, whether it be the need to make a new will, or a particular decision such as moving into care
- A care package needs to be implemented
- A patient receives an award of damages and the funds need to be administered on their behalf
- More scenarios.
“Bond Dickinson LLP stands out for the size of its team and the breadth of work handled.”
“Deborah Jude acted as a panel deputy for an individual awarded a significant amount of money following a medical negligence claim.”