Health & Welfare

The Court of Protection was established by the Mental Capacity Act 2005 to make decisions on behalf of people whom it is felt cannot make those decisions for themselves.

With regard to ‘health and welfare’ decisions, those decisions include: 

  • Where a person should live
  • What care and support needs a person may have
  • With whom a person should or should not have contact
  • Whether a person can consent to having a sexual relationship
  • Whether a person can consent to marriage
  • Whether a person should use contraception
  • Whether a person should have certain medical treatment

Where a person lacks capacity to make those decisions, a judge in the Court of Protection can be asked to make a decision, in that person’s best interests, where it is possible and appropriate to do so. 

Cases in the Court of Protection generally concern people over the age of 18 who have been diagnosed with one of the following:

  • Other mental health diagnosis (schizophrenia, bipolar, personality disorder etc.) 
  • Learning disability
  • Autism
  • Acquired brain injury
  • Korsakoff’s or other alcohol-related brain injury
  • Dementia/Alzheimer’s Disease

A case may involve a person living in their own home, with family, in supported living or in a care home and may involve a person being deprived of their liberty. This means that a person requires some degree of supervision and may not be free to do what they want.

Our team of Court of Protection specialists have considerable experience representing people who are at the centre of the court proceedings and representing family members and other individuals who either find it necessary to go to court or who otherwise find themselves involved in court proceedings.

Legal aid may be available and our experts will be able to advise whether a person/case qualifies for legal aid.

If you would like to have a chat about your options or how we may be able to help you please contact a member of the team below, complete our call back form or contact us directly at your local office.

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Our Court of Protection expertise

What is Court of Protection?

What is Court of Protection?

A person may lose the mental capacity to manage their own affairs.

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Making an Application for a Statutory Will

Making an Application for a Statutory Will

Sometimes, a Will needs to be made for a person who does not have the mental capacity to make one for themselves.

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The Role of a Deputy – Finance & Affairs

The Role of a Deputy – Finance & Affairs

A deputy is appointed by the Court of Protection to manage either the property and affairs of someone else.

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Gift Applications

Gift Applications

A deputy has the right to manage the money of a disabled person and spend it on their behalf.

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Deputyship & Compensation Claims

Deputyship & Compensation Claims

If you have a claim which is ongoing at the moment, now is exactly the right time to discuss your case with a professional deputy.

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Expert Witness Services

Expert Witness Services

Solicitors often ask our team to prepare accurate schedules of loss and quantify Court of Protection fees for claimants.

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Health & Welfare Decisions

Health & Welfare Decisions

The Court of Protection was established to make decisions on behalf of people who cannot make those decisions for themselves.

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BHP Law

OUR EXPERT TEAM

Your Court of Protection Team

INSIGHTS

Court of Protection News

BHP Law Strengthens Court of Protection Health and Welfare Team, Bolstering Regional Expertise
Court of Protection
BHP Law Strengthens Court of Protection Health and Welfare Team, Bolstering Regional Expertise
BHP Law is proud to announce the continued growth of its nationally recognised Court of Protection Health and Welfare team, welcoming two exceptional legal professionals whose expertise and passion further strengthen one of the largest and most experienced teams in the North East. The Court of Protection Health and Welfare team at BHP Law specialises […]
The Property and Financial Affairs Deputy – An ever-expanding role?
Court of Protection
The Property and Financial Affairs Deputy – An ever-expanding role?
WARNING: This blog touches briefly upon outdated attitudes and language, which may cause offense today. There have been many changes to the operation of the court now known as the Court of Protection over the years, and the role of the Court appointed Deputy has expanded along with this.      This blog will look at […]
Young Carers Action Day 2022 – Taking Action on Isolation
Court of Protection
Young Carers Action Day 2022 – Taking Action on Isolation
Young Carers Action Day (16 March) is an annual event, organised by Carers Trust. The aim of the day is to raise public awareness of young carers and young adult carers. To highlight the pressures and challenges they face every day, and to recognise the vital contribution they make by caring for their family members […]
Give someone power of attorney
Court of Protection
Give someone power of attorney
Before it’s too late…give someone power of attorney A Lasting Power of Attorney (LPA) is a legal document under which one person (known as the Donor) chooses one or more person(s) (known as the Attorney) to make decisions regarding their finances and property, should they no longer be able to make decisions for themselves. If […]
Blue Badge Bother – over 174,445 fines for Blue Badge-related offences handed out in the UK in 2020
Court of Protection
Blue Badge Bother – over 174,445 fines for Blue Badge-related offences handed out in the UK in 2020
A Blue Badge allows the holder to park as close as possible to their destination, either as a passenger or a driver. This can be vital for individuals with mobility issues and other, perhaps less obvious disabilities. The ability to park closer to shops can help individuals go about their daily lives maintaining their dignity […]
Major reforms announced for the Lasting Power of Attorney process
Court of Protection
Major reforms announced for the Lasting Power of Attorney process
Lasting Power of Attorney was introduced in 2007 as part of the Mental Capacity Act 2005, replacing the previous system of Enduring Power of Attorney which had been in place since 1986. The number of people acting with lasting power of attorney (LPA) has grown significantly over the past few years to reach a total […]
Changing a professional deputy: What you need to know
Court of Protection
Changing a professional deputy: What you need to know
It is a common misconception that once a Professional Deputy is appointed by the Court, this cannot be changed. However people can, and more importantly do, change their Professional Deputy. This can be for many reasons, but any decision made will always have the protected party “P” and their best interests at the centre. Before […]
What are Deprivation of Liberty Safeguards (DoLS)?
Court of Protection
What are Deprivation of Liberty Safeguards (DoLS)?
Deprivation of Liberty Safegaurds (part of the Mental Capacity Act 2005) are legal safeguards which ensure the protection of a person who lacks capacity to make decisions about their care, treatment and residence. The safeguards aim to make sure that people in care homes and hospitals are looked after in a way that does not […]

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