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COURT OF PROTECTION

Protecting Your Rights and Civil Liberties

DEPRIVATIONS OF LIBERTY
&
CIVIL LIBERTIES

 

At Stefani Solicitors we defend our client's Human Rights and Civil Liberties. 

 

The Court of Protection is responsible for helping people that are said to lack the mental capacity to make certain decisions. The court can make decisions on that person's health and welfare as well a property and financial affairs. 

We can assist you in bring applications to challenge:

  • DOLS deprivations of liberty

  • where a person should live

  • what care a person should receive

  • what contact a person should have with others

  • appropriateness of care and treatment

  • serious medical treatment

  • end of life care

  • marriage

  • sexual relations

  • contraception

  • pregnancy

Funding for Legal Representation

Private or legal aid funding is available in Court of Protection matters. Non-means-tested Legal Aid is available for cases brought under Section 21A of the Mental Capacity Act 2005. Our solicitors are experts in challenging Deprivation of Liberty Safeguarding Orders (DOLS).

 

If you are bringing an application as a litigation friend for “P”, the person who is means tested is “P”. This is because “P” is the person who requires legal representation.

DEPUTYSHIPS

DEPUTYSHIPS

We assist clients in deputyship applications 

  • for property and affairs

  • for personal health and welfare

The type of deputyship you will require depends on  individual circumstances of you and the vulnerable person in question. 

Gardening Together
Doctor's visit in the hospital room

Medical Treatment

Section 16 MCA 2005 gives the Court power to make decisions (i.e. an order) on behalf of a person who lacks capacity (‘P’) in respect of their personal welfare or property and affairs.

We represent family members of P and P in their proceedings to challenge medical treatment decisions.

We also represent clients in cases concerning the withdrawal and withholding of treatment for those that lack capacity.

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