Mental capacity solicitors

Mental Capacity Act 5 Principles

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 themselves.
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.
5. Before the decision is made, or the act is done, 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 (a person appointed to make decisions on behalf of a person who does not have mental capacity) whenever they act.

Mental capacity can fluctuate

The Mental Capacity Act 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 and at the time the decision needs to be made.

The MCA also has a code of practice for both deputies and those with lasting power of attorney. 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.

Our solicitors are experts in the Mental Capacity Act and offer detailed specialist advice and guidance. We’ll be there with you throughout, whatever you are facing.

Our mental capacity lawyers support the Office of the Public Guardian

We fully endorse and support the Office of the Public Guardian (OPG) in its vision for the future development of the work of the OPG ‘to encourage everyone to prepare for a possible lack of mental capacity and to empower and safeguard those who lack mental capacity now’.