Legal Jargon

A witness statement is a formal document, addressed to the Court, in which a witness sets out all the facts that they are aware of that apply to the case. They are normally treated as ‘evidence in chief’.

A term used to describe the formal ending of a legal arrangement or order and a return to a previous arrangement.

The Mental Capacity Act (MCA) provides a legal framework to protect and empower people with learning difficulties or who lack the mental capacity to make their own decisions where possible and, where that is not possible, to ensure that decisions made about them are done so with the person’s best interests in mind.

Any disorder or disability of the mind, including any mental health problem normally diagnosed in psychiatry and certain learning disabilities.

The Mental Health Act 1983 provides that people can be detained in hospital if they have a mental disorder that puts them or others at risk. It also provides that they can be treated against their wishes if necessary, provided certain conditions are met. This is informally known as being ‘sectioned’, which is a reference to the different sections of the Mental Health Act that provides different levels and durations of detainment depending on the person’s condition.

A remedy granted by the Court during proceedings, that remains in effect (normally) until a final hearing. An interim order may be awarded, for example, to preserve property or assets until the claim is resolved, or to protect an individual while their care is being considered.

A legally binding agreement that allows you to defer or delay paying some of the costs of your care until a later date. Usually in the form of a legal charge against your property.

A person formally appointed by the Court of Protection to look after the affairs of a person who can no longer do so themselves, where they have not made a Lasting Power of Attorney.

An application or ‘request’ asking the court to consider a case and make a judgement.

The Court of Protection is responsible for protecting and overseeing the interests of people who are unable to do so for themselves owing to illness or lack of capacity and who have not made a Lasting Power of Attorney.