We support businesses with commercially focused legal solutions that drive growth and protect and preserve your assets and reputations.
Whatever your business, we can help you prosper.
We provide legal support to address the major challenges in life and protect your family and finances.
From relationship breakdowns or personal injuries to property or criminal defence, we can help you achieve the best outcome for you and your family.
Coodes Solicitors Amy Quinn reflects on how the law protects people living with dementia and explains the five principles outlined by the Mental Capacity Act 2005.
Capacity means someone’s ability to do something. In a legal context, it refers to a person’s ability to perform a specific act such as making a Will, which may have consequences for them or other people. The starting point should always be the presumption that every adult can make decisions for themselves – for example, about their own medical treatment or how to spend their money – unless there is evidence to the contrary. For most people with dementia mental incapacity is not a constant and it fluctuates with good and bad days. It also varies according to what is being asked.
All practical steps must be taken to help a person with dementia make the decision for themselves including explaining in a way that the person is most likely to understand. The Mental Capacity Act supports the concept that the essence of capacity surrounds understanding an explanation of information relevant to the decision to be made. For instance someone will have the capacity to decide if they would like to remain living at home but be unable to manage their own finances.
Using healthcare as an example, if the patient doesn’t accept the doctor’s advice and therefore makes what the doctor deems an unwise decision it should not be automatically assumed that the patient lacks capacity. Many court judgments have supported the principle that any patient has the right to refuse treatment as long as they have been properly informed of the implications.
The Mental Capacity Act sets out ‘best interest principles’, to help make the best decision on behalf of the person:
Our laws are intended to keep interference by others to a minimum. They are focused on protecting the basic human rights of everyone – including vulnerable people. These rights include:
For further advice and assistance on any of these issues, please contact Amy Quinn at Coodes by emailing amy.quinn@coodes.co.uk or calling 01736 362294.
Associate
Call us on 0800 328 3282, or complete the form below and we’ll get back to you as soon as possible.
As of 6th April 2024, paternity leave will be changing to reflect a shifting attitude…
What steps should you take if you suspect someone is committing financial abuse as a…