What is mental capacity?

If a person lacks mental capacity, it means that they cannot make a decision when it needs to be made, for example, because of:

  • An illness such as dementia
  • A condition such as stroke
  • A brain injury
  • Severe mental health difficulties
  • Severe learning difficulties

It can be difficult to tell when someone might need help making their own decisions. For example, a person may be able to decide what to buy during the weekly food shop but may be unable to make decisions about paying their bills or managing their pension.

The Mental Capacity Act provides a legal test to help assess whether someone lacks mental capacity. We can help in obtaining, or challenging, a capacity assessment and provide advice about any extra support which may be available or how the Court of Protection may be able to help.


Richard Pollock

Head of Court of Protection

Sarah Cornish

Head of Private Client

Louise Brown


Rebecca Moore


Daniel Doswell

Family Executive

John Holdsworth

Chartered Legal Executive

Key contact

Richard Pollock

Head of Court of Protection

Get in touch

Call us on 0800 328 3282, or complete the form below and we’ll get back to you as soon as possible.

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