Mental Health Law

Clodes Mental Health Specialist Solicitors serving Wales & West of England.

We have been dealing with Mental Health Law issues for the last 25 years. If you need to speak to a Mental Health Specialist Solicitor Call us today to discuss your case on 02920 76 50 50.

Whether for yourself or for a loved one, our team can provide the necessary advice and assistance in all areas of mental health law, whether it be representing those detention under the Mental Health Act at Mental Health Review Tribunals (Wales) and First Tier Tribunals (in England) or advising on community related treatment issues, or criminal law related issues.

We understand how stressful and upsetting being detained can be and how important it is that your views concerning your detention and treatment are heard by the Tribunal.

Clodes can provide:

  • Representation for patients detained under the Mental Health Act at Mental Health Review Tribunals (Wales) and First Tier Tribunals (in England)
  • Representation at Hospital Manager’s Hearings
  • Advice on your rights in and out of hospital
  • Advice on all types of sections, including civil detention, criminal detention, and those who are conditionally discharged
  • Advice for Nearest relatives
  • Advice and assistance at Care Programme Approach (CPA) Meetings
  • Advice on reviews or appeals of decisions made by the Mental Health Tribunal

Our Mental Health Team

A Law Society Mental Health Panel Member will deal with your case and thus you can be assured a specialist Solicitor will be handling your matter.

  • Michael Clode- Michael has extensive experience in Mental Health Law with over 25 years experience in representing clients at tribunals in both England and Wales.
  • Gabrielle Greathead – Gabrielle joined Clodes in 2015 and qualified as a Solicitor in May 2020. Gabrielle is a Law Society Accredited Mental Health Panel Member.

Costs

Don’t let your concerns about costs stop you from obtaining professional help. Anyone detained under the Mental Health Act is entitled to free Legal Aid from a mental health solicitor. Relatives of those detained may also be eligible for help so please do not hesitate to contact us.

Latest tweets

Clodes Solicitors
Clodes Solicitors
A common query we receive is that P has lost capacity - how does one remove an Attorney appointed under an LPA ?

The Mental Capacity Act 2005 under S.22 and S.23 gives the Court power to revoke an LPA or to determine any question as to the meaning or effect of a lasting power of attorney.

One must carefully consider whether the allegations have merit and who it is proposed would deal with the persons financial affairs should the LPA be revoked.

One could raise there concerns directly with the Office of The Public Guardian or the attorney.

Alternatively one could consider making an application to the Court of Protection to revoke the Power of Attorney and appoint X as a Deputy. If time is of the essence an application to the Court for Directions or Revocation maybe prudent following a letter before action.

If a person is considering a Court of Protection application they should seek legal advice before commencing.

Where a Court application for revocation is being considered the donor would need to be assessed by an expert to ascertain the following:

1. Does P have capacity to revoke their LPA ?
2. Can P validly enter into a new LPA ?
3. Does P lack capacity to request accounts from their attorney ?
4. Did P lack capacity to make the gift or relevant financial decisions at the relevant time ?

The Court can consider any past behaviour or apparent prospective behaviour by the attorney. Provided that X does not have capacity the Court has the power to take whatever steps it regards as appropriate in P's best interests, whether that be by revoking the LPA or by taking some other course.

If you have concerns about a loved ones Attorney contact Clodes Solicitors on 02920 765050 or at https://www.clodes-solicitors.com/service/lasting-power-of-attorney/ #solicitor #local

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