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The Court of Protection

The Mental Capacity Act 2005 expresses five key principles which should guide all actions taken on behalf of any person who lacks capacity to make decisions on their own.

1. Every adult has the right to make his or her own decisions and must be assumed to have capacity to make them unless it is proved otherwise.
2. A person must be given all practicable help before anyone treats them as not being able to make their own decisions.
3. Just because an individual makes what might be seen as an unwise decision, they should not be treated as lacking capacity to make that decision.
4. Anything done or any decision made on behalf of a person who lacks capacity must be done in their best interests.
5. Anything done for or on behalf of a person who lacks capacity should be the least restrictive of their basic rights and freedoms.

These principles together with adherence to the Code of Practice underline every action taken by the lawyers at Rudlings Wakelam to ensure that we act in the best interests of our clients at all times. Rudlings Wakelam has held a Mental Health Franchise under the Legal Services Commission over many years and has extensive experience of the various procedures and applications set out under the Mental Health Acts and Mental Capacity Acts.

Often in addition to requiring representation in front of the Mental Health Tribunal, people do not have the capacity to look after their affairs and need assistance either from a family member or from a professional.

Rudlings Wakelam has extensive experience in making applications to the Court of Protection for the appointment of a Deputy to look after a person’s financial affairs and we can lead you through this complicated and lengthy procedure and advise you each step of the way.

On occasion individuals do not have a family member who is able or willing to look after their affairs and in these circumstances we are able to take on the role of Deputy to ensure that every person who needs assistance can obtain help with their financial affairs.

We can also assist in the completion of the Deputy Annual Report form that the Office of the Public Guardian requires to be completed each year by the Deputy.

Rudlings Wakelam also have extensive experience in making applications to the Court of Protection on such matters as:

• Authorising the making of a Statutory Will on behalf of someone who is not capable of making a Will on their own
• Authorising the making of gifts on behalf of someone who is not capable
• Application to remove someone as trustee who is no longer capable of acting as trustee