Mental Capacity - More Information

- What Is The Mental Capacity Act (MCA) 2005?
- The Mental Capacity Act 2005 ('the MCA') is the law which sets out how decisions must be made on behalf of people who lack mental capacity to make decisions for themselves. It requires that any decision made on behalf of such a person must be made in their best interests.
  
  People involved with this decision-making process could include family members, advocates (including Independent Mental Capacity Advocates), care home managers and other care organisations. In the vast majority of cases, all involved parties can agree on a decision by following the 'best interests' decision making process under the MCA. However, when a serious dispute arises under the MCA, cases can be referred to the Court of Protection for a decision.
- What Is The Court Of Protection?
- The Court of Protection helps people who are unable to make their own decisions due to a lack of mental capacity. It does this by making decisions for them about their money, property, health or welfare.
  
  If these decisions need to be made on an ongoing basis, the Court can appoint someone (known as a deputy) to make them. We can help you become appointed as a deputy or act as a deputy ourselves.
  
  Read more about the Court of Protection.
- What Does Lacking Mental Capacity Mean?
- Mental capacity is defined by someone's ability to make a decision. In order to have the capacity to make a decision, someone must be able to:
  - Understand what the decision involves
  - Remember information long enough to make a decision about it
  - Use and weigh up the information to reach a decision
  - Communicate the decision
  If an adult is able to do all of these things, they have sufficient mental capacity to make a decision.
- Is There Any Funding Available?
- Legal Aid is available for this area and is not means tested in some cases. This means that it is available to anyone subject to a Deprivation of Liberty Safeguards (DoLS) authorisation, regardless of their level of income or capital. Means tested legal aid is available for general welfare cases in the Court of Protection. In other cases, it may be appropriate to fund the case yourself.
- Meet The Experts
- Irwin Mitchell's team of mental capacity solicitors is ranked first in the country by Chambers & Partners and Legal 500, organisations that survey and evaluate lawyers and firms around the world. A number of individuals in the team are also ranked highly:-
  - Yogi Amin -"He is so knowledgeable that you know you are in a very safe pair of hands." - Chambers & Partners 2020
  - Mathieu Culverhouse - "His command of the law is extensive and his judgement is very good" - Chambers & Partners, 2020
  We are also members of the Court of Protection Practitioners Association (CoPPA)
  
  Meet our mental capacity team.