When someone lacks the mental capacity to make a decision about an issue, an Independent Mental Capacity Advocate (IMCA) is often appointed. They’ll help decide what’s in the person's best interests if there’s no one else appropriate.
Relevant Person Representatives (RPRs) represent people facing a Deprivation of Liberty Safeguards (DoLS) authorisation in a hospital or care home. The RPR supports them through the process and can help them challenge their deprivation of liberty if needed.
When no one else can take on the role of representative, a paid relevant person's representative (PRPR) is appointed.
The Mental Capacity Act 2005 ('the MCA') is the law which sets out how to make decisions for people who lack mental capacity. Under the law, any decision made must be in the best interests of the person in question.
People involved with decision-making could include family members, advocates (including IMCAs), care home managers and other care organisations.
In most cases, everyone involved can agree on a decision through 'best interests' decision-making process under the MCA. Any serious disputes can be referred to the Court of Protection for a decision.
The Court of Protection helps people who are mentally unable to make their own decisions. It makes decisions for them about their money, property, health or welfare.
The Court can also give these powers to someone else if decisions need to be made on an ongoing basis. This person is known as a Deputy. We can help you apply to be a Deputy or we can act as a Deputy for someone.
The Court of Protection can intervene if there are disputes about any decisions made for a mentally incapable person. They can also help with disputes around who should be making decisions.
Read more about the Court of Protection.
Legal Aid is available for this area of law. In some cases, you don’t have to prove your income is below a certain level through a ‘means test’ to get Legal Aid. This means it’s available to anyone subject to a Deprivation of Liberty Safeguards (DoLS) authorisation.
In other welfare cases, means tested legal aid is available. The means of the person being represented are tested for legal aid, rather than the means of the IMCA, RPR or other litigation friend.
In other cases, it may be better to continue on a privately funded basis.
Our team of mental capacity solicitors is ranked first in the country by Chambers & Partners and Legal 500, organisations that 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.
Meet our mental capacity team.
