Mental Capacity Letter

Best Interest Decisions Tool

Ambitious about Autism, Mencap and the Challenging Behaviour Foundation in partnership with Irwin Mitchell, have produced a leaflet to help individuals who feel that they are not being appropriately consulted about the welfare of their loved ones.

Download a PDF of the Leaflet

The two template letters contained within the leaflet are intended to help family members who have not been involved, or are concerned that they will not be involved, in the best interests decision-making process. They have been written by Alex Rook in the Public Law Department at Irwin Mitchell Solicitors, who specialises in cases involving the Mental Capacity Act. It should however be noted that this leaflet and the template letters are a general guide and do not replace the need for legal advice on a specific case.

Template letter 1 is intended to be used when family members are concerned that they may not, in the future, be involved in best interests decisions in relation to their loved ones. It clearly sets out the legal requirement to involve them.

Template letter 2 is intended to be used when decisions have already been taken without family members’ involvement. All the text in square brackets should be replaced with individual details.