Court Of Protection
At CJCH we have a unit dedicated to Court of Protection (CoP) for representation before the court relating to Deprivation of Liberty Safeguards (Dols), welfare orders, Property and financial affairs and deputyship applications.
The Court of Protection considers applications made before it in relation to decisions regarding a person’s health and welfare, or property and financial affairs as they have been deemed to lack capacity to make such decision for themselves.
We are regularly instructed by Independent Mental Capacity Advocates who are the ‘voice’ for those subject to a deprivation of liberty safeguard, and regularly appear before the court to challenge a person’s deprivation. We also represent families where applications are made by the local authority or health board concerning a person’s welfare, and represent those persons who wish to challenge this decision.
We have a dedicated team who have an advantage in this area due to their extensive experience and knowledge in both mental health law and mental capacity act decisions. The team also consists of specialist non-legal consultants assisting the solicitors who have worked directly within the Independent Mental Capacity services to offer a holistic approach to everything we do.
A Court of Protection Deputy is a representative who is authorised by the Court of Protection to make decisions on the person’s behalf. The CJCH Solicitors team have one of the longest standing track records for providing CoP representation with over seven years of deputyships and deprivation of liberty safeguards.
Who is considered to lack mental capacity?
A person who has suffered serious brain injury or illness; has dementia, or has severe learning disabilities.
How can we help?
Our Solicitors and caseworkers are able to assess your situation and determine the most beneficial support plan for yourself or your loved one. We understand the difficulties an individual, their family and their carers go through when faced with reduced mental capacity, and we do everything in our power to manage the situation on your behalf. As a Court of Protection Deputy, we act in the client’s best interest, manage and safeguard their assists and make the critical medical and lifestyle decisions on their behalf to ensure they receive the care they deserve. The CJCH team can ease the burden associated with metal capacity challenges.
We can offer :
- Deprivation of Liberty Safeguards (DoLs)
- Mental Capacity Act Challenges
- Section 16 Welfare Order challenges
- Management of personal affairs
- Welfare matters
- Legal Aid available
- Representation at court
- Power of Attorney
- Protection of Vulnerable Adults
- Applications for property and affairs/health and welfare attorneys
- Health and Social Care assessments
Next step? Just get in touch with us via
Court of Protection Department
Sarah joined CJCH in October 2019 and is the Head of the Court of Protection department. Sarah is an experienced Court of Protection solicitor specialising in welfare cases. Sarah regularly advises in the most complex cases before the Court of Protection, including end of life cases. Sarah also has experience in Special Educational Needs and acting in wider public law matters, meaning that she is able to advise parents and families of young disabled adults in respect of the crossover with the Court of Protection.
Sarah advises on deputyship applications to the Court of Protection, having particular expertise in personal welfare applications.Get in touch ›
Connor is an experienced solicitor who has recently joined the Court of Protection team at CJCH. He advises on complex and sensitive issues relating to mental capacity, deprivation of liberty, serious medical treatment, and inquests. Connor previously worked in-house for the NHS refining his specialist advice to mental capacity law, serious medical treatment, and inquests.Get in touch ›
Amy is the Partner in charge of the Court of Protection (CoP) and Mental Health Law department having established the offering at the firm. Amy has been a Solicitor at CJCH for over 4 years, and has been specialising in the areas of Mental Health Law and Court of Protection for Welfare for over 8 years.Get in touch ›
Jodi is a Senior Partner and Head of Department for Family and Children Law at CJCH. In addition to being an executive board member of the CJCH Group, she advises and represents both individual and corporate clients and with over 19 years experience, she specialises in a number of areas including Family Law, Public Sector and Mental Health Law.Get in touch ›
Sarah joined CJCH in 2018 as a general admin support team member. She now supports the greater Mental Health team with a specific focus on the Court of Protection team as the department administrator.Get in touch ›
John advises Private Clients in the areas of Wills & Probate, Power of Attorney, Deputyship, and Residential Conveyancing. Although specialising in Private Client services since 2013, he has been with CJCH since 2003, and has been a Qualified Solicitor since 2010.Get in touch ›
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