This article came to our attention a few days ago: how a judge at the Court of Protection has suggested that staff at two Nottinghamshire-based health trusts took too long to get a mentally ill woman treatment for her skin cancer.
The key factor about this case is the fact that the woman was deemed to be mentally unfit to make decisions about her own treatment.
And this article is just one of many - this poor autistic boy in Wales has recently been part of a hearing at the Court of Protection in relation to delayed treatment for toothache.
The Court of Protection becomes involved in cases such as these to make the necessary decisions in relation to a person's best interests when they are unable to decide for themselves. Best interests are determined according to a checklist that considers factors such as
Health professionals are able to help take some steps in relation to your care and treatment under the Mental Capacity Act. An example of this is where a patient needs to have a serious operation.
The health professional will need to ensure 2 things:
Where you need treatment that's very serious they may need to refer to the Court of Protection for permission.
If there is a disagreement about whether a decision is in your best interests, the disagreement can then be settled by the Court of Protection.
Applying to the Court of Protection has a set process. There are a minimum of four forms that will need to be completed and you will also need to provide a doctor’s certificate confirming that the person is unable to make their own decisions.
Percy Walker & Co Solicitors in Hastings are perfectly placed to help you in number of different circumstances:
If any of these apply to your circumstances, you may need to apply to the Court for an Order for someone to be appointed as a ‘Deputy’ to manage their property and finances.
Our solicitors can also appointed as Deputy to manage the affairs of someone who has lost capacity. The lawyers in this firm are able to act as Deputies if required.
We are also able to act on behalf of any proposed ‘Deputy’ to deal with all matters in connection with their making an Application to the Court for such an Order.
If you were appointed as a Deputy for property and finance your role would be to manage and use the money and assets of the person who has lost capacity in a way that is in their best interests. This is more than just paying their bills as it includes spending on activities or items that will improve the person’s quality of life.
It is also possible to be appointed Deputy for the personal welfare of a person who lacks capacity.
To find out more about how Percy Walker & Co Solicitors can help, please do get in touch!
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