Mental capacity solicitors

Depending on the reason someone may lack capacity, their ability to make decisions may be temporarily affected or permanently. This is known as mental incapacity, which can be either short-term or long-term depending on the underlying cause. In many cases where someone has suffered a brain injury, they may lose capacity to make decisions during their recovery period but reclaim it after. In some other cases, an individual’s capacity may fluctuate. Finally, some of our clients are unlikely to ever have capacity to make decisions.

As we get older, we are prone to conditions that can affect our ability to process and retain information, affecting our capability to make decisions. That does not mean that all older people can’t make decisions for themselves. Family members often play a key role in supporting older individuals with decision making and ensuring their wishes are respected.

Being unwell or having a mental illness doesn’t mean you lack mental capacity. Most people with a mental illness don’t lack capacity. Being detained in hospital under the Mental Health Act doesn’t mean in itself that you lack mental capacity. Making a bad decision in itself doesn’t mean that you lack mental capacity. It is also possible that someone may have the capacity to make some types of decisions but not others. That is why a mental health assessment result does not provide an answer to all capacity related questions. For mental health patients, it is especially important to safeguard their rights and ensure they receive the necessary support.

If you are worried that you may lose capacity in the future, we can work with you to put the right legal measures in place to ensure that any decisions made on your behalf will be in your best interests. This includes planning for decisions about your own health and medical treatment, so your wishes are respected if you are unable to make choices yourself. Likewise, if you have a child lacking capacity and you are worried that they will continue lacking capacity when they become adults, we can work with you and the Court of Protection to make sure the same for them.

Yes, that is possible. If someone regains capacity, following having the right assessments to prove it, they can go back to making decisions for themselves. In legal proceedings, if a person lacks capacity, a litigation friend may be appointed by the court to act on their behalf and ensure their interests are represented.

Disputes may arise with health or social services regarding care, treatment, or residence, including challenges to Deprivation of Liberty in care settings. Disagreements about mental capacity often occur between families and health or social services, and these can sometimes lead to a loss of trust between families and professionals involved in care planning. In such cases, it is important to seek advice from mental capacity solicitors to help resolve the issues and protect the individual’s rights.