Court of Protection

Weighing up a tough decision: Man sat thinking on sofa

Mental Capacity still not well understood

6 February 20237 February 2023
Comment

There are several key organisations that exist to protect people’s rights with regards to the Mental Capacity Act and its application. These include the Care Quality Commission (CQC), Office of the Public Guardian (OPG) and Court of Protection (COP). However, while each of these bodies has an important role to play, we should remember that it is every person’s responsibility to raise a concern if a suspected breach of the Act has taken place.

26 December 202224 December 2022
Comment, Mental Capacity in Practice

From the 1st January 2023, there will be a new process for applications surrounding the Court of Protection property and affairs deputyship.

Statutory roles: woman reading over report

COP3 Mental Capacity Assessments for Deputyship

19 December 202219 December 2022
Mental Capacity in Practice

If someone is unable to demonstrate mental capacity to assign a Lasting Power of Attorney (LPA), and is unable to manage either their health and welfare or property and financial affairs, then an application can be made to the Court of Protection (COP) to assign a deputy to said role if appropriate.

Retaining information: man looking out of window

DoLS placements, best interest and the ‘least restrictive option’

5 December 202216 November 2022
Case Study, Comment

There have been a number of high-profile Court of Protection (CoP) cases this year on the subject of DoLS placement and provisions. These cases each raise questions around the least restrictive option for the individual, what classes as ‘best interest’, and what do we mean by proportionate, reasonable and justifiable care.

Monitoring body: healthcare professional writing report at computer

COP3: ‘Assessment of capacity’

14 November 202222 July 2023
Mental Capacity in Practice

There are a great many forms that can be found on the UK government website regarding Court of Protection applications, assessments and statements.

Next of kin: child with parents standing in field, pointing into the distance

Next of Kin vs Lasting Power of Attorney

20 June 202225 January 2023
Mental Capacity in Practice

According to UK consumer rights organisation Which?, the Power of Attorney system is in ‘desperate need of improvement’. This is because many people don’t understand how the system works, and it can also be difficult to put vital Lasting Power of Attorney (LPA) arrangements in place.

What is a Relevant Person’s Representative (RPR)?

17 January 202230 January 2024
Comment, Mental Capacity in Practice

A Relevant Person’s Representative (RPR) is a necessary and essential role under the Deprivation of Liberty Safeguards (DoLS). It is the role of the RPR to maintain regular contact with the relevant person who has been deprived of liberty, and represent them in all relevant matters. This can include: appealing against a DoLS authorisation, requesting a review, ensuring least restrictive practices are in place or raising a complaint.

Proportionate placement

29 November 202114 January 2022
Comment, Mental Capacity in Practice

We often hear the words least restrictive practice, which we often associate with physical or medical restraint. However, an often overlooked area of least restrictive practice is placement, which is more easily thought of as where someone lives and the restrictions placed upon them.