This area covers disputes about where a person who may lack capacity should live, including disagreements over which care home or living arrangement is appropriate and who should make that choice. It involves applying and challenging best interests decisions under the Mental Capacity Act 2005, and addressing any deprivation of liberty concerns where placement in a care home restricts liberty.
Where a solicitor protects your position
The solicitor helps secure a lawful placement by gathering medical evidence, coordinating with local authorities, care providers, and families, and, if needed, applying to the Court of Protection to determine the best interests of the person. They may assist with DoLS/LPS considerations, review and challenge safeguarding plans, and prepare the evidential material required for a court or tribunal decision, ensuring that the person’s rights and welfare are properly protected.
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