Mental Capacity Lawyers

The law sets out specific processes for how decisions about healthcare and living arrangements should be made on behalf of people who lack the mental capacity to make these decisions themselves. We can act on behalf of these people and ensure that their care and welfare needs are provided for. 

 

If you are involved with a mental capacity dispute, whether it has reached the Court of Protection or not, we can help.

Support when someone lacks mental capacity

Our experienced team of mental capacity solicitors are national leaders in mental capacity disputes.

If a person doesn’t have the mental capacity to look after themselves, their finances, or their legal affairs, the Court of Protection may step in to act in their best interests. 

To have mental capacity means to:

  • Understand what a decision involves
  • Be able to “weigh up” information to reach a decision
  • Remember the information long enough to make the decision
  • Communicate the decision to others.

If a person can’t do this, you might act as their deputy, attorney, or advocate. We can help you with the application process, or act as a deputy for them ourselves.

No image

What do I do if I disagree with someone’s care or welfare decisions?

If you disagree with someone's care or welfare decision, you can appeal to the Court of Protection.

 

The Court of Protection can help settle disputes about whether a person has the mental capacity to make important decisions or not. 

It can also make decisions about:

 

  • Where the person should live
  • What care the person should receive
  • Whether they can consent to sexual relations
  • Whether they require a statutory will to be made for them
  • Their contact with others (or if it should be restricted, supervised, or stopped altogether)
  • Serious medical treatment (including disputes about medications, hospitalisation, life support, and sterilisation).

If you’re facing a disagreement about a loved one’s care, welfare, or capacity, you don’t have to handle it alone. Speak to our specialists to understand your rights, the options available, and how we can support you through the process.

Go direct to specific mental capacity-related areas

  • Assessment and Treatment Units

    If you believe someone, whether yourself or someone else, is being neglected or unnecessarily or unfairly held in an Assessment & Treatment Unit (ATU), formally known as mental health units or under the mental health act, we could help.

  • Deprivation Of Liberty

    If you or someone you know is facing restrictions that you think are unfair, we may be able to help.

  • Deprivation of Liberty in a Care Home

    If you or someone you know are facing restrictions that you think are unlawful, we may be able to help.

  • Independent Mental Capacity Advocates & Relevant Person's Representatives

    Our experienced team of mental capacity lawyers can give you expert advice and representation if you need to dispute a decision or challenge a deprivation of liberty.

  • Power of Attorney Disputes

    We’re helping increasing numbers of people with disputes relating to the management of a family member’s affairs, whether they’re challenging or defending decisions. 

  • Welfare Deputyship

    Our leading Court of Protection solicitors can help you become a welfare deputy to make decisions on behalf of a loved one who lacks mental capacity.

  • Video - More about the Mental Capacity Act

    Our expert Helen Barker introduces you to the Mental Capacity Act and how our team can support you.  When might someone need the services of the PLHR team? What is the Mental Capacity Act? How do you assess someone's mental capacity? What is a best interest's decision and what needs to be taken into account when making a decision on someone else's behalf? How we support clients who lack capacity with their care and residence. What is a Deprivation of Liberty Safeguard (DOLS) and how we can support people to challenge their DOLS?

Frequently asked questions about mental capacity law

We’re a national firm, but we’re still the local solicitors to 21 locations across the UK.

Accreditations & Reviews