Mental capacity and best interests solicitors
Many people with disabilities have profound mental health problems and/or learning difficulties and may lack the ability to make decisions.
This may raise issues relating to their mental capacity and new laws relating to mental capacity as set out in the Mental Capacity Act 2005, detailed guidance and law developed by the Courts.
People who lack capacity to make decisions for themselves may have to deal with difficulties in accessing community care and healthcare services and often decisions will have to be made by care and public service providers, and those who care for them, in their ‘best interests’: a process by which those acting on behalf of an individual without capacity to make decisions for themselves do so on the basis that that person’s best interests and wishes and choices, must always be kept in mind and protected and appropriate care and support services provided for them.
Disputes as to capacity and what is in someone’s ‘best interests’ can often involve detailed negotiation or argument, complaint against service providers and, if necessary, proceedings in the Court of Protection.
There is now a presumption, introduced by the Act, that someone does have capacity to make decisions for themselves, for example, as to where they want to live, what care or support they want or need or who they want to see and spend time with.
But for those with mental health problems and learning difficulties it maybe that they have difficulty making such decisions and may lack the capacity to do so.
We have the expertise and experience to advise anyone who may lack capacity, and or those who assist them, in dealing with capacity disputes, best interests and access to care and support services, including Court of Protection proceedings.
Disability Rights solicitors
To arrange a discussion with a disability rights solicitor click here or call us on 0800 0384 384. We are available to take your call twenty four hours a day, seven days a week.
