The Mental Capacity Act 2005 sets out the rules for making financial and welfare decisions on behalf of people who lack mental capacity.
There is detailed guidance on how the Act is intended to operate in the Code of Practice, which is very easy to read and full of examples of how to apply the rules in practice.
You can view the detailed Guidance by clicking here.
The definition of lack of capacity in the Act is:
Impairment of the mind can include mental illness, dementia, significant learning disability, brain injury, physical or mental conditions that cause confusion, drowsiness or loss of consciousness, delirium, concussion and symptoms of alcohol or drug use.
Lack of capacity can be fluctuating or permanent.
There are 5 legal requirements set out in the Act, which are important principles to bear in mind:
When assessing capacity, you must look at the particular decision being made. A person may have capacity to manage their benefits each week, but lack capacity to manage a larger sum of money.
Choosing the least restrictive option means that you must ensure that:
Here at Andrew Isaacs Law, we have an experienced Court of Protection team who are experts in all the legal issues arising as a result of mental capacity. Contact our dedicated team today on 01302 349 480.