Mental capacity & Court of Protection
We have a growing specialist Mental Capacity team which focuses on managing the financial affairs of mentally incapacitated individuals. One of our partners, Alex Cuppage, is on the panel of Deputies (formerly Receivers) at the Court of Protection.
Our specialism covers deputy, powers of attorney, and emergency +/or contested applications covering a wide range of issues which can arise in the life of the incapacitated individual. We are particularly committed to developing our existing catastrophic brain injury practice.
With the Mental Capacity Act 2005 having come into force, in part in April 2007 and in the main in October 2007, together with proposed changes to the Mental Health Act 1983, we are actively dealing with the wide-ranging changes which the new Act has bought to this area of law, both in terms of deputy and powers of attorney. In particular, we are advising our clients on the safeguards afforded by Lasting Powers of Attorney.
The Deputy's role has been widened significantly to cover care and welfare issues as well as financial ones, we are developing a team "ethic" towards the care and welfare professionals who support the incapacitated individual and their family. For example, we are working closely with both private and publicly-funded care professionals such as case managers and social workers, and local authority mental health teams, to ensure there is sufficient awareness of the implications of the new law across the whole team.
We also advise regarding advance decisions to refuse medical treatment in case of future incapacity, previously known as living wills, which area of law has been codified by the new Act.
In addition, we advise on and set up personal injury trusts for individuals who receive damages awards by way of compensation. We also administer such trusts where appropriate.
We offer access to counselling for family members who may be caring for an incapacitated person or may be affected by family disputes.
With an ageing population and the constant need for support to be provided to the vulnerable, we are fully committed to this area of our practice.
For further information please contact Alex Cuppage or Jane Bennett.