Testimonials:
"Thanks so much for all your help, advice, patience and effort from day one to today - I can’t imagine how this would have turned out without your skill and stamina."
- A son acting for his mother in a care fees dispute
"Your impact has definitely been felt by all involved, it’s efficient, intelligent and dynamic. I can feel that the opposing party are raising their standards, as soon as they hear from you."
- Sister of disabled man challenging care package
Wrigleys specialise in offering legal advice to members of families whose loved one is in a vulnerable situation, in particular where the person lacks capacity to make a decision themselves within the meaning of the Mental Capacity Act 2005.
Mum suffered from dementia. A care team was in place but one of the children did not accept many of the decisions relating to her welfare made by that team. This caused significant difficulties for the care team and was detrimental to mum's best interests. The local authority had not taken any action.
In this case Wrigleys care and health team successfully pressed the local authority to pursue Court of Protection proceedings and we provided tactical advice on the conduct of the proceedings to members of the family. For reasons of cost, we did not represent the family members at hearings.
Common problems that may cause disagreements within families or between the family and the local authority or hospital are:
- Whether the care arrangements are appropriate?
- Deprivation of liberty
- Who should be a deputy?
- Alleged abuse of position, including financial abuse, by a deputy or attorney
- Where the relative should live (which care home, or whether they should stay in their own home)?
- Whether to carry on with medical treatment?
- The amount of contact your loved one should have with relatives or others where it is thought that this contact is not beneficial?
A father is unconscious in hospital having suffered a brain injury following a stroke. There is a dispute between the medical team and the family regarding whether it is in his best interests to continue life-sustaining treatment.
Wrigleys Health & Care Team are able to offer practical advice on the best interests process and on the law and procedure regarding decisions to withdraw life sustaining treatment.
Legal costs
If things cannot be resolved informally then court proceedings may be issued.
Families may find themselves presented with such proceedings by their local council without really understanding how to respond.
Many family members are not eligible for legal aid on financial grounds but are also worried at the potential cost of paying a solicitor to represent them in proceedings.
These concerns are justified. Once a solicitor is instructed to represent in a case, the costs can increase rapidly because the solicitor has specific responsibilities as the point of contact in the case which they are professionally obliged to fulfil.
Advice only service
Wrigleys health and care team offer an advice only service where you decide what legal help you need as the case progresses.
We recommend the following as a minimum:
- An interview to discuss the case.
- A legal analysis of the papers including any court papers.
- An explanation of what are the realistic options for the resolution of the problem.
Further work that is often effective is:
- Advice on Court procedure
- Specific interventions in writing or by telephone
- Assistance with drafting witness statements.
Representation service
Should a full representation service be required, Wrigleys health and care team are very experienced in representation in courts and tribunals.
Our priority is to resolve problems without the need for court proceedings |
