Mental Capacity

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    Mental capacity law protects those who are unable to make decisions for themselves, perhaps due to a learning disability, dementia, or a brain injury. Our team of experienced mental capacity solicitors are ready to support you and your loved ones with financial or health and welfare issues.

    Contact us now to find out more about our services.

    Who we help

    We act for those suffering from a range of injuries and with varied needs including:

    • Very young children with birth injuries
    • Adults with an acquired brain injury following a traumatic event
    • Those who have lost capacity as a result of a stroke or a condition such as alzheimers.

    Mental Capacity Act 2005

    Lack of capacity can be as a result of a severe learning disability, dementia, mental health problems, a brain injury, a stroke or their being unconscious due to anaesthetic or a sudden accident.  Capacity can be regained as well as lost.

    It is the MCA that gives the Court of Protection the authority it needs to make Orders about personal welfare and also property and financial affairs matters for those who lack the capacity to make their own decisions.  It also allows an individual, whilst they are able to do so, to appoint someone to make decisions for them when they no longer have the capacity to do so.

    Five key principles

    Section 1 of the MCA sets out 5 principles that must be followed by any one dealing with an adult who does not have, or may lack, capacity.  Those principles are:

    1. Until proven otherwise, it should be presumed that all individuals have capacity
    2. A person is not to be treated as being unable to make a decision unless all practicable steps have been taken to help him make that decision himself,
    3. A person is not to be treated as being unable to make a decision merely because they make an unwise decision,
    4. Any decision made or act done under the MCA on behalf of a person who lacks capacity must always be in their best interests, and
    5. Before the decision is made or the act is done then there must be due consideration as to whether the purpose for the decision or act can be achieved as effectively in a way that is less restrictive of the person’s rights and freedom of action.

    These principles must always be considered by a Deputy when making decisions.

    Specialist advice

    The MCA also has a Code of Practice for both Deputies and Attorneys.  This Code has statutory force and can be used in action against the Deputy or Attorney in the event they are not fulfilling their duties in a proper manner.

    Very importantly the MCA recognises that capacity can fluctuate over time.  It is for this reason that the assessment of capacity needs to be made for a specific decision at the time the decision needs to be made.

    Office of the Public Guardian

    We fully endorse and support the Office of the Public Guardian (OPG) in their vision for the future development of the work of the OPG and in what they will endeavour to achieve:

    “To encourage everyone to prepare for a possible lack of mental capacity and to empower and safeguard those who lack mental capacity now”

    Expert Mental Capacity Solicitors

    Our specialist team of mental capacity lawyers help to safeguard clients across the UK. Call us today to find out how they can help with your health and welfare, or property and financial affairs.

    0800 044 8488