Mental Capacity

The Mental Capacity Act 2005 is a legal framework for adults who lack capacity to make decisions about their own health, welfare, property and financial affairs.

People who work with or care for adults who may lack capacity must comply with the Act when doing so.

The Act allows a person who has capacity to prepare for a time in the future when they might not, by choosing who may make decisions on their behalf through the preparation of a Lasting Power Of Attorney. If a person already lacks capacity, another person may apply to be appointed as their Deputy and make decisions for them.

Please see the separate pages about Lasting Powers of Attorney and Deputyship applications for details of the fixed fee packages for our work in these areas.

The Court of Protection deals with decision-making for people who cannot make certain decisions for themselves. Legal Aid Agency funding is sometimes available in Court of Protection proceedings, such as cases concerning a person’s right to life, their liberty or safety, medical treatment and challenges to authorisations under the Deprivation of Liberty Safeguards (DOLS). Please see the separate page about our Court of Protection work.

More information

Our Mental Capacity Team

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