Mental capacity and best interests solicitors
Many people with disabilities have profound mental health problems and/or learning difficulties and this may raise issues relating to their mental capacity.
The families of people who lack capacity to make decisions for themselves often have to deal with difficulties in accessing and consenting to healthcare and community care services. Disputes can arise in relation to the withdrawal of medical treatment. Decisions will have to be made by those families or by care and public service providers in the ‘best interests’ of the individual.
Similar issues can arise in respect of children, who are usually unable to give valid consent for medical treatment.
Disputes as to capacity and what is in someone’s ‘best interests’ can often involve detailed negotiation or argument, complaint against service providers and, if necessary, proceedings in the Court of Protection or the High Court.
It is also important that the European Convention on Human Rights and the subsequent Human Rights Act 1998 are adhered to in order to protect the rights of those who lack capacity while under medical or social care.
Our specialist solicitors at Pannone ensure the human rights of any client are upheld in any decision with which we are involved. We have recognised expertise in relation to human rights and ‘best interests’ cases – decisions relating to medical treatment, right to life cases (for example the withdrawal of life-support or life-saving measures) and/or appropriate care and welfare decisions.
We have the expertise and experience to advise anyone who may lack capacity, and or those who assist them, in dealing with capacity disputes, best interests and access to care and support services, including Court of Protection and High Court proceedings.
Disability and Human Rights solicitors
To arrange a discussion with a medical law, disability rights or human rights solicitor click here or call us on 0800 0384 384. We are available to take your call twenty four hours a day, seven days a week.
