The law provides a presumption of capacity and, wherever possible, individuals are given the opportunity to make decisions themselves. When that is not possible, the provisions of the Mental Capacity Act 2005 ensure that decisions can be made in the best interests of the individuals concerned.
There are a number of reasons why people might not have capacity to make decisions for themselves - these include learning disabilities, accidents at birth, head injuries, mental illness or dementia.
Our specialist team of solicitors advises individuals, their families and carers, trustees, beneficiaries and other professionals on a broad range of issues related to capacity including the law and procedure of the Mental Capacity Act 2005 and ongoing financial management and planning.