Court of Protection Law & Mental Capacity Act

What is the Court of Protection and Mental Capacity Act?

Difficulties that arise from health, mental capacity and disability are some of the most demanding. Getting the right support that you need matters, this is why our specialist Court of Protection & Mental Capacity Solicitors are on hand to help you.

An individual is assumed to have capacity to make decisions concerning their personal affairs under the Mental Capacity Act 2005. When an individual is found to lack the capacity to make a decision due to a impairment of, or a disturbance in the functioning of, the mind or brain.

It becomes necessary for those involved in their care to intervene and consider what decisions need to be made in the individual’s best interests. 

If unsolvable disputes arise between people who are responsible for making these important decisions, it may be necessary to seek assistance from the Court of Protection.

The Court of Protection is responsible for making decisions in respect of individuals who lack the mental capacity. The Court of Protection is there to help protect the rights of individuals lacking mental capacity.

At RKB Law, our team consists of Court of Protection & Mental Capacity Solicitors who are highly experienced in handling sensitive Court of Protection, Mental Capacity & Power of Attorney matters.

We are well versed in this extremely complex area of law and provide advice, assistance and representation to those believed to lack capacity and/or their family members and professional advocates in a range of areas. 

We can help with any Court of Protection & Mental Capacity needs if you:

  • You are responsible for managing someone else’s affairs
  • You are concerned about the ability of someone else to manage your affairs
  • You are concerned about the ability of someone to manage another person’s affairs
  • You are concerned about your own ability to manage your affairs and want to make provisions to appoint an attorney to act for you if you lose capacity
  • There is a dispute or uncertainty about someone’s capacity to make decisions for him/herself
  • There is a dispute about what social care, residence or medical treatment is in a person’s best interests

We can help you by:

  • Appointing a deputy or acting as a deputy
  • Applying for Lasting Power of Attorney
  • Making Statutory Wills
  • Setting up personal injury trusts, including those for children
  • Representation in the Court of Protection on health and welfare disputes including medical treatment and care, residence and contact.
  • Challenging deprivation of liberty authorisations and in claims for compensation for unlawful deprivation of liberty

We will guide you through the process and can undertake work on a fixed fee basis. For further information or to speak to one of our Court of Protection solicitors today. We're proud of our local reputation, with 14 5-star Google reviews, find out how our Court of Protection services can help you today.

Please contact us on 01622 541 054 or fill in our enquiry form

Useful Links

Mental Capacity Act 2005 -
Mental Capacity Act 2005 Code of Guidance -
Recent updates on Mental Capacity and Law –
The Small Places Blog -

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