LOSING MENTAL CAPACITY AND HOW WE CAN HELP

It is human nature to think “it will never happen to me”, but it is a sad fact of life that an increasing number of us may, at some point, have a loved one that may go into a residential care home or require care and support in their own home. This may be due to illness, old age or perhaps as the result of personal injury or an accident, and it often happens at the most inconvenient of times.

As an experienced community care and Court of Protection lawyer, Sade can help you overcome the challenges these situations bring and provide forward planning, support and advice in situations where a loved one lacks capacity to make their own decisions, or where they may need advice navigating the confusing world of NHS or Social Care funding.

How Sade can help if you or a family member loses capacity

The Court of Protection exists to help people who are no longer capable of making some or all of their own decisions, among other things by authorising the appointment of a deputy (who can be either a lay deputy, e.g. a family member, or a professional deputy). If you are considering applying to be appointed as a deputy, Sade can advise you on the application and support you in that role. The process of making an application can be stressful, confusing and lengthy and she will help and guide you throughout.

Sade has particular expertise in advising on issues for health and welfare deputies and together with her colleagues who have a wealth of expertise on advising on issues for property and financial affairs deputies, she will be able to help you, whatever your situation may be. Deputies can also face significant challenges in their role, from people who may not be happy that you are acting in this role, Sade is there to help you navigate any challenges you may face.

Giles Wilson also regularly acts as a professional deputy in situations where there is no-one else suitable or where no family members wish to take on this demanding role. While we have longstanding experience in supporting clients in this respect, we don’t presume to know what you would want. This means listening to you, your family and your wider support team to understand what your needs and objectives are. If we are appointed as your deputy, we will work with you to enable you to make your own decisions whenever possible. We never forget that this is your life and your money, and we fully respect your life choices.

Care Funding

Sade has extensive experience in working in the public sector for a local authority specifically as a legal adviser to their Adult Social Care Department and so with this knowledge, she specialises in advising families on all issues of social care and also around social care and continuing health care funding for loved ones who require extra support within their own home, or a place in a care or nursing home.

Safeguarding

Disputes around the care of vulnerable loved ones and seeking to ensure that their best interests are protected can be challenging and distressing. Many of Sade’s clients also go to her to obtain advice when they are worried about the safety and wellbeing of their vulnerable loved ones who are in residential settings or within their own homes. Involved from the early stages of your concern, Sade will work alongside you to provide support, assistance and representation to ensure you get the best possible outcomes for your adult children and elderly family members.

Deprivations of Liberty

You may have heard the term ‘dols’ or ‘deprivation of liberty’ attributed to the care your loved one is receiving. This is an area that can be difficult to understand or even slightly scary, Sade can break this down into manageable bitesize pieces, so that you understand what it means for your loved one, and how you can become involved in the process.

Litigation

Sade can also help in bringing and defending applications in the Court of Protection including disputes over an appointment of a deputy or attorney, disputes around a vulnerable person’s mental capacity or welfare decisions including where they should live and disputes arising in relation to whether a deputy or attorney is acting in the best interests of a vulnerable person.

Sade is a pragmatic Solicitor who lives in the real world, she is happy to visit you at home and will work closely with you to achieve the best outcome. Sade knows life can be complex and difficult and she will do whatever she can to improve your situation. Rather than just tell you what the law is, she will provide clear and succinct advice and make recommendations so you can make informed decisions. Whatever she does, you can be confident that she will always act in your or your loved one’s best interests.