Dr Nicholas Clarke’s medicolegal work almost entirely revolves around mental capacity including the ability of somebody to run their own life, fill out documents such as Lasting Power of Attorney, and make or change to an existing Will. He works closely with solicitors on such capacity assessments and other medicolegal issues concerning patients with dementia and their families. He also provides advice to families, nursing homes and Social Services regarding Deprivation of Liberty safeguards. Dr Clarke undertakes expert witness work in these and related fields such as probate in disputed Wills and capacity to stand trial in Court.
If you are a solicitor who represents a patient who may have problems in this area you may wish to get in contact with him. If you are a patient or relative you may ask the patient’s solicitor to do this. Where somebody is incapable of instructing a solicitor themselves the Court of Protection is likely to be involved and Dr Clarke may be requested to assist in completing the necessary paperwork for example form COP4. Dr Clarke does not accept direct referrals from members of the public regarding another individual, without professional instruction.
Nicholas welcomes contact from solicitors working in the following areas:
- Deputising for the Court of Protection
- Court of Protection work
- Wills and Probate
- Medicolegal Capacity work
As solicitors are always aware, minimising the high cost of specialist medical advice is an important consideration for private clients and the elderly. They will have balanced this against the benefits of ensuring an examination of a client’s mental state or the written facts of a clinical case to an appropriate depth. Dr Clarke is entirely prepared to discuss these matters with any approaching solicitor prior to instruction, and to provide both generic (typical) and specific written cost estimates. A preliminary half hour conversation is usually offered to professionals on a pro bono basis.
Dr Clarke requires prior permission to notify their GP of the instruction, so that relevant medical history can be obtained. This is both to assist his assessment, and help a GP care for their vulnerable patients.
Please note that Dr Clarke does not undertake expert advice for medical litigation cases.