Court of Protection in Durham

You may be concerned about decisions that someone else is making on behalf of a loved one, or perhaps you are worried that a relative is no longer able to manage their own affairs. If this is the case, you can ask the Court of Protection to appoint a deputy to ensure that decisions are made in the individual’s best interests.

Our Court of Protection solicitors are committed to protecting the interests of vulnerable people and their families. You can talk to us in complete confidence and our free initial assessment promise means you can get answers to your immediate questions, quickly and easily. If you would like to find out how we can help you to use the Court of Protection to protect yourself or a loved one, please call us on 0808 196 3305.

Advance decisions for medical treatment

Without an Advance Decision or Lasting Power of Attorney (LPA) in place, the only way you can have a say about the care of an incapacitated individual is to apply for Deputyship through the Court of Protection. Our professional team can support you throughout the process.

No-one likes to think of what would happen if a sudden illness or accident was to strike, or if their health was to decline to a point where they could no longer make decisions about their health. Unfortunately, these situations do occur and it can leave families feeling at a loss as to what to do. Fortunately, there is a way to protect those you love by becoming an appointed deputy. Deputies are subject to more scrutiny and ongoing reporting regulations than those appointed as a Health and Welfare Lasting Power of Attorney, but the two effectively have the same authority to act on behalf of another person. Deputies may be authorised to act on a one-off or ongoing basis. 

The team  can work with you to apply for deputyship and represent you in court when a determination will be made as to whether you are fit to fulfil this role and have the person’s best interests at heart. We can also support you with your reporting obligations to the Office of the Public Guardian (OPG).

Care after lost capacity

When a family member or loved one loses the ability to make their own decisions, this can be especially distressing if there is no Lasting Power of Attorney (LPA) in place. Our solicitors can help you attain the same powers to make decisions on behalf of a loved one by applying for Deputyship through the Court of Protection.

A court may authorise you to act as a deputy on behalf of a family member of loved one if they are incapacitated due to illness or injury. The role of a deputy may be ongoing, or you may only be authorised to act on a one-off basis, such as if you had to make a decision about medical treatment for example. Deputies are subject to more regulatory and reporting requirements than LPAs, and going through the Court of Protection process to be appointed is often more lengthy and costly. That is why it is always advisable for a LPA to be appointed in the first instance. The Office of the Public Guardian (OPG) requires an annual fee and report as to how any expenditure on behalf of the person with lost capacity has been made.

Going through court processes can understandably be daunting, along with the added emotional element of needing to act with authority on behalf of a loved one. Our experienced and approachable team are available to help you apply for Deputyship, to support throughout the court process, and to assist with any one-off or ongoing reporting requirements. We will help you understand the responsibilities required of you in this important role and will always use plan and simply English. Our aim is to afford your loved one with the dignity they deserve, and to ensure you can respectfully make decisions on their behalf for their improved health and wellbeing.

Community care issues

As citizens, we rely on government to provide a range of social services and healthcare systems that provide us with adequate care and a safe environment to live in. When these systems fail, you can turn to our legal team.

Social services and healthcare providers have a duty of care to provide every person with necessary care services, as prescribed by their health. This not only affords people the services, equipment or accommodation they need to live as independently as possible, or with the level of care they need, but it affords a level of dignity that should be given as a basic human right.

Our team of solicitors can work with you to find cracks in the system if one of your loved ones has received negligent treatment, has been refused certain care or assessments, or if their care package is not suitable for the level of care they actually need. These issues can typically affect our elderly, Armed Forces personnel or adults with disabilities or severe mental health issues and their carers. We have experience working with you to resolve matters directly with the social service or healthcare provider, or pursuing these issues through the Court of Protection where necessary.

We can support you to resolve disputes relating to:

• Delayed, refused or inadequate treatment or assessments
• Delayed or refused home adaptations
• Inadequate or inappropriate care funding or charges
• Service types, level of care or delivery
• Incorrect service removal
• Self-directed support, including insufficient provisions

Quite often you’ll be pursuing a better outcome for a family member or loved one who is already in a vulnerable position and it can feel quite daunting. Our team of lawyers will take the time to explain of all the options available to you, support you throughout the process, and appeal the decision if this is not appropriate. We never use jargon and will communicate with you in plain English so you always know where your loved one’s legal position is.