Court of Protection: Health & Welfare
Managing Health & welfare applications in the Court of Protection including best interests decisions, decisions relating to medical treatment and welfare decisions.
Court of Protection : Health & Welfare
Our Court of Protection Team is made up of barristers of all levels of seniority who advise on all aspects of health and welfare matters involving individuals lacking in capacity. This includes cases conducted in the High Court as well as the Court of Protection.
Members undertake advisory and advocacy work on a national basis on behalf of the OPG, the Official Solicitor, local authorities and private individuals.
The Team is able to deal with
- Property & affairs applications in the Court of Protection including statutory Will applications and deputyship issues
- Health & welfare applications in the Court of Protection including best interests decisions, decisions relating to medical treatment and welfare decisions.
- Allegations of financial abuse
- Section 21A applications challenging authorisations of deprivation of liberty in a care home or hospital under the Deprivation of Liberty Safeguards (DOLS).
- Emergency applications including changes to care provision on behalf of vulnerable adults.
- Decisions about whether it is in ’P’s best interests to live in a family home or residential care or other care setting, disputes over arrangements for contact with family members, decisions on complex/interventionist care packages involving deprivation or restriction of liberty.
- Decisions as to whether ‘P’ has capacity to marry or capacity to enter into sexual relations.
- Medical treatment application.
- Advising local authorities on safeguarding duties.
- Proceedings concerning 16 and 17 year olds, and the overlapping jurisdictions of the Court of Protection and Children Act 1989.
- Disputes about the validity of gifts and other transactions