Mental capacity
If you are involved with a mental capacity dispute, whether it has reached the Court of Protection or not, we can help.
Go direct to specific mental capacity-related areas
Speak to our specialist
Our team are here to ensure people receive the care, respect, and advocacy they deserve.
Yogi Amin
Partner and National Head of Public Law and Human Rights
What do I do if I disagree with someone’s care or welfare decisions?
The Court of Protection can help settle disputes about whether a person has the mental capacity to make important decisions or not.
It can also make decisions about:
- Where the person should live
- What care the person should receive
- Whether they can consent to sexual relations
- Whether they require a statutory will to be made for them
- Their contact with others (or if it should be restricted, supervised, or stopped altogether)
- Serious medical treatment (including disputes about medications, hospitalisation, life support, and sterilisation).
Our experienced team of mental capacity solicitors are national leaders in mental capacity disputes
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.
If a person doesn’t have the mental capacity to look after themselves, their finances, or their legal affairs, the Court of Protection may step in to act in their best interests.
To have mental capacity means to:
- Understand what a decision involves
- Be able to “weigh up” information to reach a decision
- Remember the information long enough to make the decision
- Communicate the decision to others.
If a person can’t do this, you might act as their deputy, attorney, or advocate. We can help you with the application process, or act as a deputy for them ourselves.
More about the Mental Capacity Act
Making an enquiry
We have several ways you can contact us, either by completing our online contact form, by phone, or using our live chat. If you start your journey online, here are the first steps to working together.
Complete our online formWe need a few details to understand your situation and the kind of support you need.
We’ll contact you by phoneOn the call our experts will ask you a few more questions to make sure we connect you with the right legal advice from our team.
We arrange a full appointmentYour next step is an in-depth appointment with a specialist solicitor to discuss how we could advise you.
Frequently Asked Questions
We’re here to help
Complete our enquiry form and one of our experts will contact you by the next working day.
Alternatively, you can call us now.
Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).
0370 1500 100
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Our commitment to you
Our experts always start by listening, so we understand what matters most from day one.- 01Clear legal guidance
You will always get straightforward, honest advice, with regular updates to keep you clear on the way forward.
- 02Specialist knowledge
A wide-ranging team of trusted specialists who understand what it takes to protect your future, your family or your business.
- 03Your needs first
Whether you’re navigating complex personal situations or business decisions, we take the time to understand your world and what’s at stake.
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