The law governed by the Court of Protection specifies how decisions regarding healthcare and living arrangements should be made on behalf of individuals who lack the mental capacity to make such choices for themselves. Tann Law may advocate for these individuals and see that their care and welfare requirements are met.
What is the meaning of mental capacity?
Advice on the 2005 Mental Capacity Act
Mental capacity is the ability to make your own decisions, no matter how simple or complex.
The Mental Capacity Act of 2005, which went into effect in 2007, permits individuals to plan for delegated decision-making in all aspects of their lives if they lose the capacity to manage their affairs.
The Mental Capacity Act specifies who can make choices for an incapacitated adult and under what conditions. Planning and executing a Lasting Power of Attorney is essential whenever possible, but Mental Capacity law encompasses much more.
It stipulates that any choice taken on their behalf must be in their best interests. This decision-making process may involve family members, advocates (including Independent Mental Capacity Advocates), care home administrators, and other care organisations.
In most instances, all relevant parties can agree on a resolution by following the MCA’s “best interests” decision-making process. However, issues may be referred to the Court of Protection for a ruling when a significant dispute develops under the MCA.
Disputes can arise over numerous topics, including:
- Whether or not an individual possesses capacity
- Where the individual should reside (for example, at home or in residential care, or choice of residential care)
- Which care should the individual receive
- The individual’s interaction with others (for example, whether contact should be restricted, supervised or stopped altogether)
- Whether the individual can consent to sexual relations
- The individual’s accessibility to social media platforms (for example, whether access should be supervised )
- Serious medical care (including disagreements on the cessation or continuation of “life support” and sterilising).
What is the Court of Protection?
The Court of Protection assists those who lack the mental capacity to make decisions for themselves. It does so by making financial, property, health, and welfare decisions on their behalf. If these decisions must be made on a continuous basis, the Court can appoint an individual (known as a deputy) to make them. We can either assist you in becoming a deputy or serve in that capacity ourselves.
What does it Mean to Lack Mental Capacity?
The definition of mental capacity is the ability to make decisions. To be able to make a decision, an individual must be able to:
- Understand what the decision entails
- Remember information for long enough to make a choice.
- Utilize and evaluate the facts to develop a conclusion.
- Transmit the decision
If an adult can perform all of these tasks, they have the adequate mental capacity to make a choice.
Our team of skilled Mental Capacity Solicitors can assist you by:
- To draught a Lasting Power of Attorney before the onset of incapacity
- When a relative’s mental competence is an issue and you must make choices regarding the care or finances of that relative, you may need to appoint a guardian.
- If there is a dispute with health or social services over your relative’s ability to make decisions about their care and assistance.
- In the event of a dispute with health or social services over the care and support your family member should be receiving, we can help.