Court of Protection

The 3PB Court of Protection team deals with a wide range of cases arising in the Court of Protection.

Members are regularly instructed by all parties to such proceedings including family members, local authorities, deputies, Protected Parties and the Official Solicitor. We have experience in dealing with cases at all levels of complexity, appearing regularly at both First Avenue House and the Regional Centres. We undertake advisory and advocacy work at all levels.

Members of the 3PB Court of Protection team provide specialist expertise in the fields of Health and Welfare, Property and Affairs, Medical Treatment and the Inherent Jurisdiction of the High Court.

Our considerable experience in wills and probate, trusts, administration of estates and family provision means we are well placed to provide accurate and practical advice to all our clients. We are also happy to provide supportive and explanatory advice to those unfamiliar with this area.

Our areas of expertise include:

• Deputyship matters
• Statutory wills
• Lifetime gifts
• Deprivation of liberty applications
• Property and Affairs matters generally
• Lasting Powers of Attorney and Enduring Powers of Attorney
• All aspects of mental capacity
• Medical treatment (including end of life care)
• Best interests decisions.

Health and Welfare

3PB Barristers have a range of barristers who specialise in Court of Protection cases concerning Health and Welfare. Common issues include:

• Deprivation of liberty applications
• Giving or refusing consent for any medical treatment including surgery
• The decision to refuse life sustaining treatment
• Day to day welfare such as routine, dress or diet
• Dealing with Social Service on their behalf
• Where to live – choosing if the donor should be placed into a care home or stay home. Also choosing which care home the donor would be placed in
• Access to medical records and personal information.

3PB’s specialist Court of Protection barristers are experienced in dealing with issues arising from all of the above and are regularly instructed by family members, local authorities, deputies, Protected Parties and the Official Solicitor

Property and Affairs

3PB Barristers have a range of barristers who specialize in Court of Protection cases concerning Property and Final Affairs issues. Common issues include :

• Deputyship matters
• Statutory wills
• Lifetime gifts
• Paying bills
• Dealing with bank and building society accounts
• Claiming any benefits, pensions and allowances
• Buying or selling property
• Continuing gifts to family and charities.

3PB’s specialist Court of Protection barristers are experienced in dealing with issues arising from all of the above and are regularly instructed by family members, local authorities, deputies, Protected Parties, the Office of the Public Guardian and the Official Solicitor

Where a specialist property barrister is required please see our property group pages.

Inherent Jurisdiction of the High Court

Many cases require consideration of whether or not to invoke the inherent jurisdiction of the High Court to protect children and vulnerable adults. Common issues include:

• The interplay between the Children Act 1989 and the Mental Capacity Act 2005, often in respect of 16 and 17 year-olds
• Protection of vulnerable, but capacious, adults
• The interplay between the divisions of the High Court and the Court of Protection.

3PB’s specialist Court of Protection barristers are experienced in dealing with issues arising from all of the above and are regularly instructed by family members, local authorities, deputies, Protected Parties, the Office of the Public Guardian and the Official Solicitor.

Medical Treatment

3PB barristers have been involved in many cases concerning medical treatment of those who lack capacity. Common issues include:

• Giving or refusing consent for any medical treatment including surgery
• The decision to refuse life sustaining treatment
• Access to medical records and personal information.

3PB’s specialist Court of Protection barristers are regularly instructed by family members, local authorities, deputies, Protected Parties, NHS trusts and the Official Solicitor.