Mental Capacity Legal Advice
Why solicitors specialise in mental capacity law
Since 2007, legislation in the form of the Mental Capacity Act 2005 has given individuals new powers to plan for delegated decision making across all areas of their life should they lose the capacity to manage their own affairs.
In addition to introducing Lasting Powers of Attorney and legal mechanisms for relatives to make decisions about personal welfare instead of just financial decisions, the new law allows people to make advance decisions and statements of wishes and feelings.
While the law gives individuals a lot more scope to dictate the future course of their lives, it is very complex. Without legal advice, it is easy for gaps to arise in provisions for the future delegation of decision making. Such shortcomings can lead to enormous stress and confusion - often at a time of crisis - and ultimately result in individuals not having their wishes realised.
Assessing mental capacity
There is comprehensive guidance for individuals, statutory services and health professionals on how to undertake a mental capacity assessment and what to consider when making decisions in someone else’s best interests. However, significant disagreement is common.
In particular, mental capacity assessments and best interest decisions can be a source of conflict between professionals, service users and their families. There can be a huge difference of opinion about what is best for the individual who can no longer make decisions themselves - and decisions often have to be taken at short notice or in an urgent health or safety context.
Even where plans have been made to delegate decision making, problems can arise. And where there has been no planning at all, decisions can be fraught with difficulty. A solicitor specialising in mental capacity law can often resolve issues swiftly and with minimum upset.
Why martin searle solicitors is well placed to help
martin searle solicitors’ social and community care law expert Cate Searle has many years’ experience simplifying the complexities of social care law for individual clients, their families and voluntary support organisations. As well as practising this specialist area of law, Cate also uniquely has experience working in social care practice before becoming a solicitor.
As well as providing guidance on individual cases, Cate has produced a Mental Capacity Act: Policy and Procedures Manual for the voluntary and charity sector. The manual gives caseworkers and managers of support services for vulnerable adults practical, hands-on advice and forms to be used to ensure staff comply with best practice.
How we can help
The community care law team can help in a number of ways, including:
- Helping you prepare for delegated decision making should you lose your mental capacity, temporarily or permanently.
- Advising relatives on best-interest decisions and resolving disputes with statutory services.
For statutory and voluntary organisations we can:
- Deliver bespoke training on the Mental Capacity Act 2005 and mental capacity assessments.
- Create tailor-made policy and procedures packages, including forms for staff to ensure compliance with guidance and best practice.
How much does it cost?
We offer a confidential and sensitive fixed-fee expert consultation to help you understand this complicated area of law and what steps you need to take to protect yourself, your relative or your client group. This consultation costs £150 (plus VAT). Where you have an ongoing legal case, we will ensure you fully understand the detail of your case, the process we will employ and the likely cost. For voluntary agencies we offer a discounted charging rate as part of our community engagement commitment.
Want to talk to us?
If you would like to talk to us about mental capacity legal advice email Cate Searle or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0208 256 4490 (Croydon).
