Where an individual lacks the capacity to make specific decisions in relation to either their personal welfare or property and finances, the Mental Capacity Act 2005 sets out a regime to protect those individual’s interests.
Individuals who have the capacity may write a Lasting Power of Attorney. For those individuals who lack capacity, an individual, referred to as a Deputy can be appointed to make decisions on that individual’s behalf. Alternatively, the Court of Protection can make one-off decisions.
Mental capacity is both time and decision specific. In many cases, an individual will have mental capacity to make some decisions but not others. It is important to note that mental capacity can be regained or obtained with support.
Our specialist team has extensive experience advising individuals who lack capacity and their family members. We have particular expertise advising in relation to young people with disabilities who have reached, or are reaching, the age of 18. We can guide those individuals or their parents through the most appropriate options to protect their best interests in both the short and long term.
Services we are able to provide:
- Lasting Powers of Attorney for both personal welfare and property and finance.
- Deputyship Applications for both personal welfare and property and finance
- Representation before the Court of Protection on matters including:
- Health and social care
- Serious medical treatments
- Sexual relations
- Social media and internet use
- Property and finance