Court of Protection and mental health associate solicitor.
I specialise in Court of Protection health and welfare cases where decisions need to be made about someone’s residence, care, treatment, contact and capacity to marry and form sexual relations. These are individuals who lack the capacity to make those decisions themselves. I also challenge the decisions surrounding someone being classed as lacking capacity. I assist with challenges to social services decisions with regards to residence and care, representing clients at court proceedings before the Court of Protection.
This work involves challenges to deprivations of liberty, in respect of individuals who lack capacity and may be prevented from returning home and are residing in a hospital or care/residential home.
My work within mental health includes advising patients and family members on the Mental Health Act 1983. I represent clients at mental health tribunals, hospital managers hearings, Care Programme Approach (CPA) meetings, and s117 meetings in relation to challenging care and treatment decisions, or in order to obtain appropriate care in hospital or in the community.
I travel throughout the Midlands with my base being in Birmingham. Legal Aid is often available for my clients.
Our Court of Protection team are nationally recognised as experts in Court of Protection work, being described as ‘very well respected nationwide for its Court of Protection health, welfare and social care expertise’ (Legal 500).
Legal 500 has described me as ‘rarely fazed by the twists and turns of Court of Protection litigation’.
I joined Anthony Collins Solicitors in June 2015 and have wide ranging experience in advising on Court of Protection matters. I have extensive experience in mental health law, having practised for over nine years in this area. I am a member of the Law Society Mental Health Accreditation Panel and a Legal Aid Agency supervisor in this area.
‘Kirsty MacMillan really cares about her clients. She has developed a solid health and welfare practice which sits alongside the wider private client deputyship practice at the firm. She is able to build relationships with the most hard to reach clients.’ Legal 500, 2021
Ten years is not a long time in terms of establishing law. The Court of Protection is an ever-evolving beast developing through case law.
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