How can we help?

CAPACITY 

MANAGING YOUR OWN AFFAIRS AND THE AFFAIRS OF OTHERS

How can we help?

Whilst we all want to make decisions for ourselves for as long as we can that may not always be possible.  We may lack the capacity to make those decisions for a number of different reasons including injury, illness or old age. 

Our experienced team are able to advise on a range of legal issues facing individuals and their family when confronted with the daunting prospect of having to make important decisions as well as coping with perceived mental illness.

Some of those legal issues may involve:

•·          preparing and advising on Lasting Powers of Attorney,

•·          making an application to the Court of Protection for a Deputy to be appointed.

•·          acting as a Deputy and assisting the individual with the management of their affairs.

•·          assisting elderly clients and their carers.

Who could we help:

•·          Any one who lacks the capacity to manage their own affairs

•·          Patients whether living in the community or detained in hospital under section or not

•·          Families of patients, Next of Kin

•·          Nearest Relative

•·          Anyone whose life has been touched by mental illness

Services we provide include:

Advice on legal issues affecting the individual or their family including:

•·          Advice to individuals on the involvement of the Court of Protections and the appointment of a Deputy

•·          Advice to lay Deputies on their legal duties and obligations

•·          Advice to individuals on their rights and obvious areas of conflict with the Mental Health Act 1983

•·          Advice on Human Rights issues relevant to the Act

•·          Advice and representation before a Mental Health Review Tribunal both for the patient and

            their Nearest Relative

•·          Advice for the Nearest Relative on their rights under the Act

•·          Advice on matters of capacity touching upon such matters as consent to treatment and medication

•·          Advice on capacity and financial matters

•·          Advice to discharged patients and their families on the duty of the Authorities to provide and fund aftercare

             under section 117 of the Act

•·          Advice on Care and Nursing Home costs

Costs:

Non-means tested public funding is available to all patients who are subject to detention or restriction in the community under the Act for advice to appeal and legal representation before a Mental Health Review Tribunal.

Advice on other topics may be given under the public funding scheme but it is subject to means testing.

Our team:

•       David Merrick

•       Stacey Bryant

•       Richard Stevinson

•       Richard Adams

Links:

•       Office of the Public Guardian - http://publicguardian.gov.uk/  

•       Government guidance on mental capacity and the law -                                                            

        www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Index.htm

•       Mind - http://www.mind.org.uk/

•       Local Mind - http://www.mindex.org.uk/