When an individual is found to lack the capacity to make a decision, within the meaning of the Mental Capacity Act 2005, it becomes necessary for those involved with their care to consider what decisions should be made in that person’s best interests.
If disputes arise between the people making those decisions, which cannot be resolved, it may, be necessary to apply to the Court of Protection.
We can provide advice to those who are deemed to lack capacity, to their advocates and to those representing them and also their family members. In certain situations those who are deemed to lack capacity and their family members will be entitled to non-means tested Legal Aid. We offer advice at all stages of the proceedings.