Background

Capacity and Welfare Decisions

Our specialist Mental Health & Mental Capacity team advises individuals and their families on a wide range of issues relating to capacity and welfare decisions under the Mental Capacity Act 2005.

We understand that mental capacity is a highly emotive issue and that addressing it from a legal perspective can be both upsetting and confusing. The subject is full of legal jargon and can seem very cold and unfeeling when at the heart of your concern is a vulnerable individual. We can help you make sense of the process, explain the legal technicalities and help you make informed decisions that are in the best interests of the person concerned.

Our experienced specialists approach each matter on an individual basis, providing advice that puts the vulnerable person and their needs and interests at centre of any legal solution.

If a loved one of yours is in a position where they are unable to make decisions for themselves, either as a result of a mental illness or physical disability, we can advise on the legal process to make decisions on their behalf, covering issues such as:

  • where they live
  • financial affairs
  • medical treatments they may require
  • contact with specific people
  • access to social and other media
  • sexual relationships and reproductive rights.

We can help you complete and implement a Lasting Power of Attorney (LPA) or Deputyship application to cover health and welfare decisions and/or financial affairs.

Challenging capacity decisions

We also advise individuals who wish to challenge capacity decisions and, working with expert colleagues in our Personal Disputes team, we can advise individuals who are concerned about the way an LPA is being administered.

Where matters can’t be agreed, we can help you with applications to the Court of Protection to make decisions based on what it regards as being in the best interests of the person concerned. These may cover issues such as:

  • decisions about an individual’s welfare, treatment and financial affairs
  • disputes regarding Powers of Attorney
  • applications for removal of Attorneys or Deputies
  • capacity assessments

Team

Rebecca Moore

Associate

Daniel Doswell

Family Executive

News & Events

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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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