Charlotte Bell
I am a solicitor specialising in Court of Protection work and part of the Health and Community Care Team based at Westgate House, having qualified in 2020. The Court of Protection practice is often defined into two categories; health and welfare and property and finances. I am honoured to say that my work stems across both these sectors. Along with this, I also provide advice and assistance on arranging and paying for social care.
I have a particular interest in protecting and voicing the rights of the vulnerable. I enjoy using my knowledge to assist and support adults with the issues affecting their lives – from where someone should live, their community care needs and managing their finances to arranging pet therapy or a shopping trip. I feel privileged to be invited into the lives of clients, to build a relationship with them and be placed in a position of trust to act on their behalf and assist in supporting their best interests.
I am privileged to assist the team in a wide range of cases, including:
- Deputyship applications to the Court of Protection on behalf of lay (e.g. family members) and professional Deputies.
- Providing ongoing support to Attorneys (appointed under Enduring or Lasting Powers of Attorney) and Deputies on how to ensure that they comply with the legal duties they have towards the individual they act on behalf of.
- Meeting and supporting clients who we represent under our Professional Deputy Service to ensure that their wishes and views are always sought and embedded in our service and that any decisions our Professional Deputies make on their behalf is in their best interests.
- Gifting applications to the Court of Protection.
- Trustee applications to the Court of Protection.
- Office of the Public Guardian investigations.
- Support with understanding financial assessments, direct payments and the funding options available for paying for social care.
- Representing clients in the Court of Protection in disputes about where they should live, contact with others and their care and support needs.
Notable cases
A Local Authority v PG & Ors [2023] EWCOP 9.
Judgment concerning PG’s capacity to make decisions about her contact with others and her care and support needs in circumstances in which PG’s capacity fluctuates. Charlotte represented EG, PG’s mother. The case involved PG who is a 34 year old woman who has a diagnoses of intellectual disability in moderate range, and autism spectrum disorder. PG had also been diagnosed with trauma based mental illness with Emotionally Unstable Personality Disorder traits and mild learning disability.
Lieven J pinpoints the difficulties around PG's capacity, noting there was a correlation between times when she may not have capacity and made unwise decisions. She then looks at the authorities on fluctuating capacity and considers whether to make an anticipatory order or to adopt a ’longitudinal’ approach. Her concern here was that “making an anticipatory declaration in a case such as this, is that it would in practice be unworkable for those caring for PG”. Lieven J concluded that the more practical and realistic approach was to make a declaration that PG lacks capacity to make decisions as to her contact with others and her care and support needs however, Lieven J was keen to highlight that her care workers should protect her autonomy and only interfere to the minimum degree necessary.
For full details of the case, click here: https://www.bailii.org/ew/cases/EWCOP/2023/9.html