mental capacity

Our team has considerable experience and expertise in advising and representing clients and their families in connection with mental capacity issues. The Mental Capacity Act 2005 which came into force in 2007 provides a comprehensive framework to enable decisions to be made on behalf of adults who, as a result of illness and/or disability, lack the capacity to make decisions for themselves.

These kinds of decision include matters relating to care provision, where an individual should live, who they should have contact with and who should make decisions about their health including treatment, welfare, property or financial affairs.

Where there is a dispute about decision making the Court of Protection has jurisdiction to make decisions on behalf of individuals. The Court is often asked to make decisions where there is a dispute between, for example, families and local authorities or NHS Trusts. The Court will make a decision based on what it concludes is in the 'best interests' of the individual.

We advise on:

• Capacity assessments by medical professionals

• Applications to the Court of Protection

• Disputes regarding Enduring Powers of Attorney

• Removal of Attorneys or Deputies

Public funding is available for these kinds of matters. We have a contract with the Legal Aid Agency to provide those services.

We also advise on:

• Appointment of a Deputy to make decisions about an individual's health, welfare, property or financial affairs

• Preparation of a Lasting Power of Attorney.

• Public funding is not available for these types of cases, but we can offer competitive fixed fees.

Contact Ben Conroy at or Elizabeth Conroy at or 01872 272 457