Incapacity and Best Interests

Including deprivation of liberty safeguards (DOLS)

Julie Burton Law works with clients who lack capacity to ensure that decisions are made in their best interests.

We do this by:

  • Accepting referrals from parents/carers with concerns about decisions being made in respect of an incapacitated person
  • Working with the Official Solicitor in respect of those without anyone to act on their behalf
  • Obtaining capacity assessments where required
  • Applying to the court of protection
  • Obtaining best interests declarations
  • Challenging authorisations made under the DOLS regime

Incapacity/Best Interests case studies

F - dispute between health service and family over where care of elderly man with dementia should be provided. Urgent application for review of DOLS issued. Subsequent contested best interests hearing determined care to be provided at home with care package. Dementia patient returned home to care of family.

A - issue over capacity of learning disabled man to consent to a sexual relationship. Proceedings issued by local authority for determination. Working with Official Solicitor to obtain detailed capacity assessments. Capacity established.


'I was most pleased with your conduct of this case and will not hesitate to use your firm again'
- E

To contact our experts in incapacity and best interests proceedings:

Email [email protected] or phone 01248 364750


Julie Burton Law will access 'Legal Aid' for all who qualify 01248 364750 / [email protected]
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