Our expert Court of Protection team specialises in advising on and acting in both contentious and non-contentious cases relating to the health and welfare, property and financial affairs, and medical treatment of vulnerable adults and children.
Equally at home acting in high profile or leading cases, as they are acting in the cases which will never make the headlines, but which make a real and tangible difference to people’s lives, our Court of Protection solicitors act for family members, advocates, the Official Solicitor, NGOs, Attorneys, Deputies, Trustees, charitable and commercial organisations. They act in cases relating to all aspects of a person’s well-being, spanning all issues relating to mental capacity and best interests, and encompassing all matters relating to the health and welfare, property and financial affairs, and medical treatment of individuals.
Our lawyers are able to help with the following:
- Medical cases including where life-sustaining treatment is to be withheld or withdrawn.
- Health and welfare cases and property and financial affairs cases including safeguarding vulnerable adults from abuse or potential abuse.
- Applications for and issues relating to Deputyship and Lasting Powers of Attorney.
- International abductions and cross-border disputes.
- Challenges to Deprivation of Liberty Safeguards authorisations.
- The reporting of proceedings, anonymisation, and media attendance.
- Claims for breaches of Article 2 (right to life) Article 5 (right to liberty and security) and Article 8 (right to respect for private and family life).
The reputation of our Court of Protection solicitors is second to none. Combining compassion with a no-nonsense approach to litigation, and efficiency with attention to detail, our team can help you navigate the most factually and/or legally complex cases.
Experience
Our services include the following:
- Best interests decisions in respect of a person’s welfare, including their residence, care and contact with others
- Non-therapeutic sterilisation and capacity to consent to sexual relations or marriage
- Serious medical treatment cases whereby life-sustaining treatment is withheld or withdrawn, including for patients in a permanent vegetative or minimally conscious state receiving artificial nutrition and hydration
- Challenges to Deprivation of Liberty Safeguards authorisations claims for breaches of Article 2 (right to life) Article 5 (right to liberty and security) and Article 8 (right to respect for private and family life)
- Reporting of proceedings and media attendance
- Welfare and financial deputyship and Lasting Powers of Attorney (LPAs)
- International abductions and cross-border disputes
Recognition
Bindmans provides the full panoply of legal support – great admin; great leadership at a partner level. Will Whitaker is thoughtful and committed and passionate about his work. Emma Varley knows Court of Protection work backwards. Karen May is a brilliant operator.
Legal 500 2024 – Court of Protection
Probably the strongest all-round CoP team out there. Significant expertise in welfare cases, medical treatment cases, and also some property and financial affairs cases (including LPAs and statutory wills)
Legal 500 2024 – Court of Protection
Excellent team, with solicitors that pay a great attention to detail to get the best results for their clients. The team has a number of solicitors who are experts in vital adjacent areas of law such as community care, mental health, public law and HRA and negligence claims.
Legal 500 2024 – Court of Protection
Breadth of Bindmans public law practice- can offer clients full spectrum of legal services. Karen May is a stand out leader in the field.
Legal 500 2024 – Court of Protection
Highly respected team proficient in handling the full range of health and welfare cases, with a strong emphasis on matters involving human rights issues. Routinely sought out for representation in complex and sensitive matters, including serious medical treatment, mental health and mental capacity cases. Adept at handling cases with challenging cross-border aspects. Frequently acts for charities, NGOs and the Official Solicitor.
Chambers and Partners 2020
Bindmans LLP has a diverse practice that advises on a wide range of matters from cases concerning the withdrawal of clinically assisted nutrition and hydration to acting for high-profile individuals on various Court of Protection issues. It also advises on other matters such as an individual’s capacity to consent to marry or the validity of patients’ advance decisions to refuse treatment.
Legal 500 2019
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