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Health and Welfare

When someone lacks mental capacity, it’s important that significant decisions about their health and welfare should be made in a way that fully respects their human rights.

For more information please visit our Court of Protection Legal Centre.

The sorts of issues that can arise are:-

  • Someone is being deprived of their liberty either in a hospital, care home, or supported living placement.
  • A local authority has moved someone into a care home – but the family does not agree with the move.
  • A local authority has stopped family and friends from visiting someone who lacks mental capacity.
  • The care being provided to someone who lacks capacity appears not to be meeting their needs.
  • There is an issue as to whether someone lacks the capacity to either marry or have sexual relations with another person.
  • Someone with challenging behaviour is being frequently restrained and there are concerns about this.

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