The Mental Capacity Act 2005 came into force in 2007 and offers protection to those who may not be able to make decisions for themselves. It answers questions such as:
- What is Mental Capacity?
- Who does it apply to?
- How to ensure the best interests of those who are without capacity to make decisions?
Mental Capacity Assessments are there to empower and protect those individuals who do not have the capacity to make decisions. There is a two stage test for capacity. The first is to identify whether the individual has an impairment or illness of some sort which could affect their capacity. The second is to determine whether that illness or impairment does affect the capacity. In order to gauge whether capacity is affected, the individual must be able to:
- Understand the relevant information;
- Be able to retain the information; and
- Use that information in the process of making a decision.
If they are unable to do any of the above, they may not have the capacity to make decisions. This capacity can change from time-to-time with certain illnesses such as dementia where certain nodes in the brain network are blocked while others are not, allowing individuals to have capacity with certain topics, and not with others.
At Bloomsbury Law, we appreciate that this is a complex process. We have years of experience in this industry and it is our pleasure to make this run as smooth as possible for you and your family. If you are seeking legal advice on Mental Capacity, please get in touch with one of our specialists. We will listen to your situation, answer any enquiries you may have and advise you accordingly once we are instructed.
What do I do next?
Contact us online or speak to one of our dedicated specialists on 0207 998 7777 for a free initial consultation. With our vast experience in the field, our bilingual speaking team will work with you to ensure this process runs as smooth as possible. All information you provide us with is treated with the utmost confidentiality.
We will contact you no later than the next working day to arrange a meeting at our offices in London W1 to advise on the agreement.