A Deprivation of Liberty?

The Mental Capacity Act

We Provide

Expert Legal Advice and Representation

We are able to provide expert legal advice and representation where people are assessed to lack mental capacity to make decisions. The impact of such an assessment is wide ranging and can restrict a person’s ability to decide where they can live, who should care for them or who is best suited to make best interest decisions on their behalf. A person may be deemed not to have capacity to handle their financial affairs. On occasion safeguarding provisions may have been implemented. Someone may suffer from forms of mental illness, including dementia, or mental impairment. In some situations, a person may not be permitted to leave a hospital or care home, and his or her access to visitors can be controlled, and this could amount to a deprivation of liberty.

At Richard Charlton Solicitors

We can:


Draft a Lasting Power of Attorney to cover a future loss of capacity to make financial decisions.


Draft a Lasting Power of Attorney to cover future welfare decisions, for example, as to future healthcare.


Make an application to the Court of Protection (usually without an oral hearing) on behalf of someone who has lost the mental capacity to manage their financial affairs.


Make an application to the Court of Protection to challenge a Local Authority or Health Authority’s decision to remove someone, said to lack capacity, from their home or to restrict visiting access by friends or family. Legal Aid can sometimes be available for such work.


Make an application to the Court of Protection, and advise generally, on behalf of someone deprived of their liberty in a care home or hospital on account of their lack of capacity. The law has been changing very rapidly in this area recently, greatly expanding to those who are seen to be deprived of liberty, and we are at the forefront of the recent developments. Many residents in care homes and in facilities for impaired people will now be covered by a right for a review and application to the Court. Legal Aid is frequently available for such applications, and any review can greatly assist in evaluating the care and treatment of those placed in a care home, and at times can result in a return home with an enhanced care package. We have substantial experience in this complex work, including enabling the return of clients home.