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Mental Capacity & Best Interest

Helping you navigate the Court of Protection and care funding with clarity, compassion and expert legal support.

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Home/ Mental Capacity And Best Interest

Clarity in a complex world.

Mental Capacity is the ability to make your own decisions. It involves the ability to understand information, retain it, weigh up the options and communicate a decision. Mental capacity is governed by the Mental Capacity Act 2005 which provides a legal framework for supporting and protecting individuals who may lack capacity.

The law is complex and without legal advice problems can arise during the capacity assessment process which could mean decisions are made by Health and Social Services rather than the individual or their family. We can assist at all stages of the mental capacity assessment. 

 

 

We can also provide the following support:

  •  Advise family members of the principals of the Mental Capacity Act and Best Interest Decision Making so you can support your relative in getting the outcome you believe they would want and should have 
  •  Your duties under the Mental Capacity Act 2005 as an attorney or deputy 
  •  Your position to the NHS or Social Services if they suggest you have not acted in your relative’s best interests 

Advice regarding Deprivation of Liberty Safeguard (DoLS). A deprivation of liberty can occur when an adult, who lacks the mental capacity to make decisions about their care, is under continuous supervision and control and is not free to leave their care environment.

 

This can occur in a hospital, care homes or in a community based placement. DoLS are part of the framework introduced by the Mental Capacity Act 2005 and is a legal safeguard to ensure the restrictions put in place are necessary, appropriate and proportionate.  

 

Our expert team can help you ensure your vulnerable relative is properly protected by the law 

 

How can we help?


We have a specialist team with a wealth of experience in Court of Protection matters. We can also draw on specialisms from across the firm including our Trust, Probate and Contentious Teams.  Our firm’s values of striving for excellence, being supportive and approachable, mean we provide exceptional client care and can guide you through the process.

Charlotte Cole - Colour - Low Res - 15th Aug 2023 - 005 copy

For legal advice on mental capacity & best interest

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