The Court of Protection can make decisions about the health and welfare, and the property and financial affairs of adults who lack mental capacity to make decisions for themselves.

Our specialist team provides advice, assistance and representation to vulnerable adults who may lack capacity to make certain decisions. The team normally acts through a litigation friend, such as the Official Solicitor, an advocate or a Relevant Person’s Representative. We also represent family members, carers and other people interested in a vulnerable adult’s welfare.

The areas on which we advise include:

  • Mental Capacity
  • Health and welfare issues
  • Proceedings in the Court of Protection
  • Deprivation of Liberty Safeguards (DoLS)
  • Relevant Person’s Representatives
  • Safeguarding vulnerable adults
  • The Inherent Jurisdiction
  • Property and financial affairs
  • Lasting Powers of Attorney
  • Deputyship Applications
  • Statutory Wills
  • Issues relating to the Care Act 2014
  • Carer’s rights
  • Judicial Review
  • Continuing healthcare
  • Transition from Children’s Act 1989 to Mental Capacity Act 2005
  • Section 117 aftercare

Health and welfare issues in the Court of Protection are those involving someone’s capacity and best interests. The court considers what decisions should be made about a range of health and welfare issues. These include decisions in respect of residence, care, contact with others, medical treatment, internet and social media use, and a person’s capacity to consent to marriage or sexual relations.

Our team also has experience advising in proceedings in other areas of law where there is a mental capacity element. In particular, our team has expertise the in convergence between family, community care and mental health law and the Court of Protection.

Our aim is to combine a professional and efficient service with a sensitive and constructive approach to our clients and their cases.

Our team is recommended in Band 2 for our work in the Court of Protection in Chambers and Partners and in The Legal 500 (Civil Liberties and Human Rights).

The team includes the following notable practitioners:

Janice Kaufman is described in Chambers and Partners 2019 as some who ‘offers considerable expertise in Mental Health and Mental Capacity Act matters, as well as childcare law, and often acts on behalf of children and their parents in court proceedings over allegations of sexual abuse and deliberate injury. She is skilled in advising on deprivation of liberty safeguards. One source says that “she is fantastic – she is one of my favourites to work with,” and also notes that “she is extremely good at spotting tricky aspects of the case and coming up with creative solutions.”

Janice is described as ‘one of the best in the field, excellent at spotting and solving the most thorny issues in the most complex cases. She is very “hands on” which is not typical for someone of her seniority’.

Anna O’Connell, a highly experienced public law practitioner is named as a ‘key lawyer’ at the firm (Legal 500 2019).

Melissa Law is described as ‘a rising star – dynamic and thoughtful’ (Legal 500 2019).

Our friendly and professional team are always willing to take enquiries and advise you as to whether you have an issue we can assist with, and whether you are eligible for Legal Aid.

How can we help?

Edwards Duthie Shamash Solicitors are dedicated to protecting the best interests of the vulnerable. We can provide expert advice, support and representation, whether you are involved in Court of Protection proceedings, require advice about someone’s mental capacity and welfare, or if you have concerns about the care that someone is receiving. We strive to provide a complete service that you can trust. And because every case is different, our advice and support is always tailored to meet every single one of your needs.

If you would like to know more or need our help please call us now on 020 8514 9000 to speak with one of our wills and probate lawyers

“Edwards Duthie Shamash Solicitors,
your Legal experts, always here to help”