Court of Protection cases involve making decisions about the rights of vulnerable adults who do not have capacity under the Mental Health Act 2005 to make those decisions for themselves. These can either be welfare decisions or decisions about financial matters.
These cases often involve family members, local authorities, healthcare bodies and the Official Solicitor, as well as the vulnerable adult themselves. The court can appoint deputies to make future decisions in the best interests of those who lack capacity to do so themselves.
Welfare decisions include:
Financial decisions include:
These cases require great sensitivity as well as expert and committed advocacy. At Pump Court we have extensive experience of protecting the rights of vulnerable adults and children through the Court of Protection and related proceedings within the High Court.
Our team contains experienced advocates in this developing area of law and benefits from our strong technical expertise in the related fields of family law, Children Act proceedings, capacity issues, inheritance disputes, wills and probate matters and property law.
As well as experienced barristers, our team also features a Deputy High Court Judge with authorisation to sit in the Court of Protection, Recorders and Deputy District Judges. Several of our team members have also worked in house for local authorities dealing with Court of Protection issues.
This combination and breadth of experience puts us in a strong position to advise and represent parties in this specialist area of work.