When someone lacks the mental capacity to make a decision about a specific issue, an Independent Mental Capacity Advocate (IMCA) will often be appointed to consult about what is in the person's best interests if there is no one else appropriate.

Relevant Person Representatives (RPRs) are appointed to represent people subject to a Deprivation of Liberty Safeguards (DoLS) authorisation in a hospital or care home. The RPR supports them through the process, including supporting them to challenge their deprivation of liberty if required.

When there is no one else appropriate to take on the role of representative, a paid relevant person's representative (PRPR) will be appointed.

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.

The Court of Protection helps people who are mentally incapable of making their own decisions.  It does this by making decisions for them about their money, property, health or welfare.

The Court can also give these powers to someone else if there is a need for decisions to be made on an ongoing basis. If the Court gives these powers to someone else, they will be known as a Deputy. We can help you apply to become a Deputy or act as a Deputy ourselves.

The Court of Protection can also intervene if there are disputes about any decisions that have been made on behalf of a mentally incapable person or about who should be making those decisions.

Read more about the Court of Protection.

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. In other welfare cases means tested legal aid is available. It is the person being represented whose means are tested for legal aid, rather than the means of the IMCA, RPR or other litigation friend.

In other cases, it may be appropriate to proceed on a privately funded basis.

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.

Meet our mental capacity team.