Unfortunately disputes in relation to the affairs of a person lacking mental capacity are on the rise, often involving an attorney appointed under an LPA or financial abuse of someone lacking mental capacity by a family member or a friend.
When a family member or friend loses capacity to deal with their own affairs, it can be emotionally distressing for all involved. If you then find out that someone may be financially abusing that person, it can be difficult to know what to do. It can also be difficult for everyone who loves that person to agree on how best to proceed. Many professional deputies or lay attornies are finding themselves involved in a dispute concerning the best interests of a person lacking capacity to be able to make the decision for themselves.
It is extremely challenging to achieve a resolution and involving the Court of Protection is extremely costly and take a long time.
DISPUTES REGARDING THE AFFAIRS OF SOMEONE WHO HAS LOST CAPACITY ARE INCREASING. MEDIATION IN THESE CASES IS RECOMMENDED BY THE MENTAL CAPACITY ACT.
Why is mediation a suitable form of dispute resolution?
Such cases involve costly and extremely difficult and potentially damaging litigation in the Court of Protection. Matters can take a significant amount of time to be resolved. Mediation allows to circumvent this time and cost and is indeed recommended by the Mental Capacity Act. Any disputes relating to the care of or affairs of someone who lacks mental capacity are suitable for mediation. Mediation can be done in one day or over a series of sessions in these cases.
Mediation saves on costs, time, allows the parties to explore creative solutions to the dispute, looking at all aspects of the dispute, preserves relationships in so far as possible, demonstrates responsible action being taken, is entirely confidential and allows the best interests of the person lacking capacity to be discussed openly and frankly to come to a sound and agreed resolution.
THE PARTIES CAN SPLIT THE COST OR THE DEPUTY MAY IN MANY CIRCUMSTANCES AGREE THAT IT IS IN THE BEST INTERESTS OF THE PERSON LACKING CAPACITY THAT THE COST OF THE MEDIATION IS PAID FROM THEIR ESTATE.
As a solicitor, I have specific expertise in these claims having worked in the sector for over a decade. I have been praised for mediating disputes in the most emotional of circumstances, recently being described as combining “a first class legal brain with tons of emotional intelligence – an excellent mediator all round.”
You can view all of Concentus’ current testimonials
here.
