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Mental Capacity

Mental Capacity

People who work with or care for adults who lack capacity must comply with the Mental Capacity Act 2005.  The Mental Capacity Act 2005 is a legal framework for adults who lack capacity to make decisions about their health, welfare, property and financial affairs. 

The Act allows a person who has capacity to prepare for a time in the future when they might not be able to make a decision by choosing who may make decisions on their behalf through the preparation of a Lasting Power Of Attorney.

If a person already lacks capacity, another person may apply to be appointed as their Deputy and make decisions for them.

Please see Lasting Powers Of Attorney and Deputyship Applications for more information.

The Court of Protection deals with decision making for people who cannot make decisions for themselves. Legal Aid is sometimes available in Court of Protection proceedings, such as cases concerning a person’s right to life, their liberty or safety and medical treatment under the Deprivation of Liberty Safeguards (DOLS).

Please see Deprivation Of Liberty Issues and Court of Protection for more information.

More information

  • Deputyship applications
  • Lasting Powers of Attorney
  • Deprivation of Liberty Issues
  • Court Of Protection

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