And nothing is more precious than being able to understand, decide and choose for yourself.
None of us are in control of all life events, and therefore, we need to be prepared for what it may throw at us. And never is this truer than when dealing with mental capacity—our ability to make our own decisions. But mental capacity is not black and white. It is decision-specific and can alter over time. While one individual may have capacity to decide what they want for dinner, they may lack capacity to decide who they want to inherit their estate.
When someone loses the mental capacity to make decisions for themselves, the Mental Capacity Act protects and empowers them to make their own decisions about their finances, care, and treatment in advance. And we are there to help and support you in conquering that next decision.
Mental incapacity can be a difficult and sensitive issue to navigate. The law is complex, and without the right legal advice, gaps can arise. We help vulnerable clients, their friends, and their families manage their affairs when they or a person they love lacks the mental capacity to understand or make their own choices and decisions. We are here to safeguard your or a loved one’s interests and are ready to support you with financial, health, and welfare issues, ensuring that the person’s best interests are always at the forefront of any decision-making process.
In times past, when it was determined that a person did not have the capacity to make a decision, that person may have been made a ward of court. When a person was made a ward of court, the Court took charge of all of the person’s personal affairs and their property or estate.
Since 2015, people can no longer be made a ward of court, and those who were made a ward of court prior to this date can now make an application to be discharged from wardship.
If you have difficulty making certain decisions on your own without help, you can appoint someone you trust to act as a decision-making assistant under a decision-making assistance agreement.
An Enduring Power of attorney is a “just in case” document allowing you to appoint control of your personal and financial affairs to somebody you trust if there comes a time you cannot make these decisions yourself.
If you are unable to make certain decisions even with someone’s support, the court may appoint a decision-making representative to you. The decision-making representative is appointed by the court to make certain decisions on your behalf, taking into account your wishes.
Making an application to the court takes a number of steps. As the applicant, you may need a lawyer to help you.
Advice on mental capacity matters when and how you need it.
We’ve just touched the surface on all the legal stuff involved in mental capacity.
