The Mental Capacity Act 2005 provides the statutory framework for acting and making decisions on behalf of individuals who lack the mental capacity to make decisions for themselves. The general aim is to strike a balance between respect for individual autonomy and the need to protect the vulnerable.
The framework is likely to touch the lives of many, because at some point, either you or someone you know will be affected by a lack of capacity to make a decision relating to everyday life.
A person must be assumed to have capacity unless it is established that the person lacks capacity. The question of whether someone has capacity is not always straightforward as it is issue and time specific and can fluctuate. Sometimes, loss of mental capacity is temporary, but it can be permanent.
Capacity matters are dealt with in the Court of Protection. This court has jurisdiction to make orders for persons who are deemed to lack capacity over property, financial affairs and personal welfare.
At Dovestone Law, we are fully aware of the sensitivity attached to mental capacity cases. We can help those people who lack capacity or their family members or those acting as litigation friend. We offer private and confidential legal advice and assistance by mental capacity experts in relation to all cases where a person is deemed to lack capacity.