The Mental Capacity Act 2005 came into force in England and Wales in October 2007, which provides for processes and principles to determine how decisions are made in respect of people who lack capacity.
The test for capacity is essentially a legal one and not a medical one, although medical opinion/evidence may be sought. A person may have the capacity to make decisions about one thing, (eg what they would like for dinner today) but may not be able to make a decision about something more complex (eg the type of care they may need).
At Sinclairslaw, we have the experience to advise you about all aspects of the Mental Capacity Act 2005, including the creation of Lasting Powers of Attorney and Deputyship applications for Property and Finances as well as for Personal Welfare.
We can also assist with cases in the Court of Protection, where disputes about persons who lack capacity are resolved. You may be entitled to Legal Help and/or Legal Aid to deal with your case, depending on your financial circumstances and the merits of the case.
For more information about the Mental Capacity Act 2005, or other factors affecting someone with impaired mental capacity, we are able to advise and assist you.