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Court of Protection

Health & Welfare

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If you or a family member lacks the mental capacity to make important decisions, Cartwright King’s compassionate Court of Protection Solicitors can assist you from the outset, not just in Court.

Whether you or a person supporting you needs legal assistance, our specialist solicitors offer reliable legal advice and representation when big decisions need to be made on a person’s behalf.

To speak to a specialist Cartwright King Court of Protection Solicitor, get in touch now.

How Cartwright King’s Court of Protection Solicitors Can Help

If the Court of Protection is making big decisions on your behalf or on behalf of a family member, it’s important to know exactly what’s happening. We can cover any case where someone lacks capacity to make decisions for themselves, even before a case progresses to Court. We can assist with:

  • Disputes or concerns about whether a person is able to make a particular decision and if not, what is in their best interests 
  • Whether someone can consent to sexual relations and marriage
  • Arrangements about where a person should live or with whom they should have contact
  • Disputes about medical treatment arrangements
  • Concerns about a Deprivation of Liberty

Having the right legal advice and guidance is crucial to ensuring that a person’s best interests are met.  

Cartwright King’s specialist Solicitors provide peace of mind legal representation throughout your case, ensuring that you’re not alone when life-changing decisions that affect you or a family member are being made.

Court of Protection Advice You Can Trust

Cases that progress to the Court of Protection can be emotional and difficult, which is why there is a need for sensitivity. 

Cartwright King’s specialist Court of Protection Solicitors are experienced in dealing with all kinds of matters, including  cases which involve decisions on who a person without capacity can:

  • Have contact with
  • Have sexual relations with
  • Marry
  • Engage with on social media 

 Cartwright King’s Court of Protection Solicitors are recognised for their quality standards when advising in matters involving the Court of Protection. 

Many have received the Mental Capacity (Welfare) Accreditation issued by the Law Society for their expertise and experience in working closely with vulnerable individuals and their families. 

This accreditation means Cartwright King’s specialist Court of Protection Solicitors are best placed to support you and, if needed, seek any resolution quickly and easily.

Benefit from a Free, Initial Telephone Conversation

If your case is referred to the Court of Protection, Cartwright King can take instructions for your case, anywhere across the UK. It all starts with a free, initial conversation, which is an opportunity for us to get up to speed with your case and how we can help. There’s no obligation to use our services after this call.

With so much at stake, there’s no substitute for speaking to a specialist Court of Protection Solicitor. We’re here to ensure that you’re not alone. For immediate action, contact us today for your free* initial discussion. 

The discussion is completely informal and confidential, and is an opportunity for us to:

  • Get to know you 
  • Understand your situation
  • Agree how you want to proceed

*Please be aware that this is a ‘get to know you’ call and no detailed legal advice will be given.

Legal Fees

Legal Aid  may be available to cover the cost of legal representation in the Court of Protection. This means that your legal costs could be wholly or partially paid by the Legal Aid Agency. 

If you’re subject to a Deprivation of Liberty and wish to challenge this, you could be eligible for non-means tested Legal Aid. In other cases, you could be eligible for means-tested Legal Aid. 

Cartwright King will always advise you on whether Legal Aid is available to you. However, if you’re ineligible for Legal Aid, Cartwright King will discuss private fee paying options and payment plans with you. The priority is ensuring that you have access to the highest standard of legal representation.

We're here for you.

Frequently asked questions.

The Court of Protection was created under the Mental Capacity Act 2005, and has the power to make decisions about the property, financial affairs and health and welfare of people who lack mental capacity to make decisions for themselves.

The Court of Protection can make all kinds of decisions on behalf of a person who lacks the mental capacity, including:

  • Whether it thinks a person has capacity to make a particular decision, and if not, authorising action to be taken on someone’s behalf
  • Settling a disagreement about what course of action is in a person’s best interests
  • Appointing someone as a deputy to make decisions about a person’s property, affairs or health and welfare if they longer have the ability to do so themselves
  • Challenges to a Deprivation of Liberty safeguards authorisation 
  • Removing someone who is appointed to make decisions on someone’s behalf, whether that’s an attorney under lasting power of attorney or a deputy appointed by the Court.
  • Whether an advance decision or Lasting Power of Attorney is valid, or about their meaning if there is a disagreement

The Court of Protection must make decisions that are in a person’s best interests.