The law sets out specific processes for how decisions about healthcare and living arrangements should be made on behalf of people who lack the mental capacity to make these decisions themselves. We can act on behalf of these people and ensure that their care and welfare needs are provided for.

The Mental Capacity Act 2010 (MCA) sets out how decisions must be made and states that any decision made on behalf of someone who lacks the necessary mental capacity must be made in their best interests. If the people involved, such as family members, advocates or care organisations, cannot agree on what to do, cases can be referred to the Court of Protection.

Disputes can develop over a variety of issues, including:

Whether an individual does or does not have capacity
Where the person should live (for example, at home or in residential care, or choice of residential care)
What care the person should receive
The person’s contact with others (for example whether contact should be restricted, supervised or stopped altogether)
Serious medical treatment (including disputes about stopping or continuing 'life support', and disputes about sterilisation)

If you are involved with a mental capacity dispute, whether it has reached the Court of Protection or not, we can help. Contact our mental capacity lawyers online or call us on 0800 028 1943 to find out more.

Top ranked mental capacity lawyers in the UK

Experienced at all levels including Supreme Court

Dedicated Court of Protection team

Offices around the country

Call one of our experts free on

0800 028 1943

Or we can call you back at a time of your choice

Request a call back

Phone lines open 24/7, 365 days a year

For a free initial consultation

Freephone

0800 028 1943

Prefer not to call?

Use our form

Your name*

Your email*

Your phone number*

How can we help?*

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

Yogi Amin

Partner

Meet Our Team

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 - "a ground-breaking lawyer, always looking for new areas where vulnerable clients need help" who is highlighted for his "huge amount of experience in Court of Protection work." - Chambers & Partners 2017
  - Alex Rook - "a really strong and well-respected lawyer" with "huge amount of expertise." - Chambers & Partners 2017
  - Anne-Marie Irwin - "very good - she's on the ball and always on top of the facts, even in difficult and complex cases." - Chambers & Partners 2017
  - Polly Sweeney - "a clear voice in the often chaotic world of SEN and public law." - Chambers & Partners 2017
  - Mathieu Culverhouse - "very approachable, very thorough and an excellent solicitor." - Chambers & Partners, 2017
  We are also members of the Court of Protection Practitioners Association (CoPPA)
  
  Meet our mental capacity team.