Home/ Mental Capacity And Best Interest

Need some expert advice? Don't have the answer?

We'll do our best to find a solution that works for you

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.

I have used Porter Dodson over very many years. Their level of personal service, professionalism and understanding is incomparable. I would be very happy to recommend and appoint Porter Dodson for any legal advice. In particular I would like to express my personal thanks to Vicki Thyer who has advised, guided me and given me such confidence through several matters but very recently the recent probate of my late Father. I cannot thank you enough.

Andrew

It has always been a great pleasure to deal with Marie as she is friendly, warm and courteous and what is more, she has always responded promptly to my emails as well as answering any queries I may have had in a most helpful and reassuring manner which I have very much appreciated. Based on my recent experience, I wouldn't hesitate to recommend Marie's professional services.

Catherine

As Executor for my late husband ‘s will, I have been impressed by the service I have received from Porter Dodson Solicitors Wellington. Without exception, I have been treated with courtesy and kindness by the staff members I have had contact with throughout the process of obtaining Grant of Probate. Their professionalism is outstanding and I have been kept informed throughout. I have no hesitation in using their services in the future should the occasion arise. I felt their fees are reasonable and kept to the minimum where possible.

Judith

Ellice was very helpful and professional, she guided us through each stage of the documents that we completed and was very patient with us.

Private Client

Legal Awards and Accreditations

Investors In People - Awards 2025 - Finalist 200px

Mental Capacity & Best Interest

Clarity in a complex world.

We can also provide the following support:

How can we help?

For legal advice on mental capacity & best interest

Legal Awards and Accreditations