The Court of Protection is responsible for assisting individuals that are said to lack the mental capacity’ to make certain decisions. The court can make decisions relating to a person’s health and welfare and/or their property and financial affairs. Always in their best interests, determinations on the following issues can be made:

  • deprivations of liberty;
  • where a person should live and the type of care they should receive;
  • what contact a person should have with others;
  • issues relating to finances and property including lasting powers of attorney, deputyship; and
  • serious medical treatment

Everyone should have the right to make their own decisions, even decisions that may be considered unwise. The Mental Capacity Act 2005 protects individuals by providing the statutory framework for acting and making decisions on behalf of individuals who lack the mental capacity to make decisions for themselves. The general aim is to strike a balance between respect for individual autonomy and the need to protect the vulnerable.

The Mental Capacity Act 2005 is likely to touch the lives of many, because at some point, either you or someone you know may be assessed as lacking capacity to make a decision relating to everyday life.

A person must be assumed to have capacity unless it is established that the person lacks capacity. The question of whether someone has capacity is not always straightforward as issues are time and decision specific. For example, a person may have capacity to decide where they live but lack the capacity to make decisions regarding their care and treatment. Also, capacity can fluctuate.

Our experienced team consists of recognised experts, accredited legal representatives (ALR’s) under the Law Society’s Mental Capacity (Welfare) Accreditation Scheme. Our panel solicitors can be appointed in the confidence that members of our team are well placed to secure a vulnerable client’s participation in Court of Protection proceedings having the recognised level of expertise in Mental Capacity Law and experience of working with vulnerable individuals and their families to protect their best interests.

Prospective clients and those making referrals on their behalf can choose Abbotstone Law in the knowledge that members of our team have proven knowledge of Court of Protection practice and procedure, an ability to consider the often conflicting needs of a vulnerable client and procedures in a practical and sensitive manner. We understand the particular sensitivities and vulnerabilities of clients, the scope for conflicts of interest within proceedings and the effect of the decisions in health and welfare matters. We welcome referrals from Independent Mental Capacity Advocates (IMCA’s) and paid relevant persons representative (RPR’s).

The framework for legal aid funding is governed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). There are 2 forms of funding: Legal Help and Certificated funding. Our experienced solicitors can assess prospective clients to determine whether their case is within funding scope and eligibility for public funding.

A person must be assumed to have capacity unless it is established that the person lacks capacity. The question of whether someone has capacity is not always straightforward as issues are time and decision specific. For example, a person may have capacity to decide where they live but lack the capacity to make decisions regarding their care and treatment. Also, capacity can fluctuate.

Our experienced team consists of recognised experts, accredited legal representatives (ALR’s) under the Law Society’s Mental Capacity (Welfare) Accreditation Scheme. Our panel solicitors can be appointed in the confidence that members of our team are well placed to secure a vulnerable client’s participation in Court of Protection proceedings having the recognised level of expertise in Mental Capacity Law and experience of working with vulnerable individuals and their families to protect their best interests.

Prospective clients and those making referrals on their behalf can choose Abbotstone Law in the knowledge that members of our team have proven knowledge of Court of Protection practice and procedure, an ability to consider the often conflicting needs of a vulnerable client and procedures in a practical and sensitive manner. We understand the particular sensitivities and vulnerabilities of clients, the scope for conflicts of interest within proceedings and the effect of the decisions in health and welfare matters. We welcome referrals from Independent Mental Capacity Advocates (IMCA’s) and paid relevant persons representative (RPR’s).

The framework for legal aid funding is governed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). There are 2 forms of funding: Legal Help and Certificated funding. Our experienced solicitors can assess prospective clients to determine whether their case is within funding scope and eligibility for public funding.


If you require advice on a Court of Protection matter call us on 020 3735 1999/1998.

‘The firm, in my experience, reliably provides an excellent and professional service.’