The Mental Capacity Act 2005 (MCA) protects people who cannot make decisions for themselves for reasons such as having a learning disability, mental health problems, a brain injury, dementia, a stroke or their being unconscious due to anaesthetic or a sudden accident. Fluctuating capacity is an issue recognised by the MCA. All assessments of capacity are time specific and issue specific.
The specialist services that the Mental Capacity team offer include:
- Advising Attorneys and Deputies on their rights and responsibilities.
- Assisting Lay Deputies to comply with their obligations under the Mental Capacity Act 2005.
- Providing Professional Deputy Services.
- Providing solicitors with litigation support, expert witness services and statements.
- Dealing with applications to the Court of Protection where the Court needs to make a decision or where there is a conflict.
- Advising and preparing Compensation Protection Trusts.
- Advising on and preparing Trusts for disabled individuals.
- Preparing Statutory Wills, gift applications and Advance Decisions.
- Investigating payment of care home fees, if appropriate.
In addition to working with our client, the Office of the Public Guardian and the Court of Protection, we also work closely with a bespoke team for each client, which could include:
- The client’s family
- Case managers
- Support workers, buddies and carers
- Financial advisors/accountants
- The Local Authority
- Medical professionals
- Surveyors and architects
- The Official Solicitor