Vulnerable people ‘must have expert representation’

Family Law|March 27th 2017

People whose cases come before the Court of Protection must have expert legal representation the Law Society has said.

The Court of Protection is a branch of the High Court which makes rulings on behalf of vulnerable people unable to make decisions about their own best interests or welfare due to disability or illnesses such as dementia.

The Law Society – which represents solicitors – has now unveiled a new accreditation scheme for members who work in the Court of Protection. The aim of this additional mental capacity training is to try and ensure that every person whose welfare is considered in the Court receives optimal representation.

The new scheme has been approved by President of the Court of Protection Sir James Munby. It is open to both solicitors and barristers.

Law Society President Robert Bourns explained:

“The [accreditation] will ensure that vulnerable people coming to the Court of Protection are represented by experts with a depth of understanding of the complexities involved in representing clients who lack mental capacity. As our population ages and the number of people who need long-term care grows, it is essential that measures to protect people who lack mental capacity are fit for purpose.”

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  1. Jean says:

    Just as importantly, there needs to be a CEILING on the hourly rate that lawyers/court nominated deputies can charge these “donors”. The vulnerable adults and children, whose estates are sometimes managed by unscrupulous deputies, are not in a position to question anything for themselves. Deputies can refuse to relinquish control. Some of the things that go on in the Court of Protection are absolutely scandalous..

    Furthermore, all accounting is hidden from relatives and advocates who care about these people. It’s all kept secret until they die.

    In short, and to put it bluntly, Britain’s most vulnerable people are being robbed blind by greedy lawyers who can charge whatever they want, and then dump the poor “donor” when they have depleted the estate.

    The public knows what is going on and there has to be immediate change.

    (*Comment edited by the moderators – please see our moderation policy here: )

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