Mental Health Capacity Act

Mental Health Capacity Act

What is Mental Capacity?

Having mental capacity is being able to make your own decisions. Mental incapacity is when you are unable to make decisions for yourself, which is usually defined if you are unable to:

• Understand the relevant information given to you about your decision
• Retain the information long enough to be able to make your decision
• Weigh up all the options available before making your decision
• Communicate your decision, which can be done by talking, using sign language or simple movements

What is the Mental Capacity Act 2005?

The Mental Capacity Act was created to protect people who may lack the mental capacity to make decisions for themselves about their care and treatment. The Mental Capacity Act can cover something as little as day-to-day decisions like what to wear. But it can also cover more serious decisions like if someone needs to move into a care home.

It is also important to remember a person may have the capacity for some decisions but not others and in some cases, they may be able to regain the capacity in the future.

There is also something called fluctuating capacity, which can be a difficult situation to navigate.

Free Initial Discussion

For a no-obligation discussion, call our specialist Mental Capacity solicitors on 01642 247656 or use our contact form, and we will call you back.

Mental Capacity Legal Advice

At Watson Woodhouse, we understand dealing with mental incapacity can be a distressing experience. Therefore, we ensure that we provide an excellent level of service by being approachable and giving information in an easy way to understand. We have an experienced, knowledgeable team.

Our team can guide and help you with:

• Advice about the laws relating to mental capacity
• Court of Protection Applications
• Deprivation of Liberty Safeguards (DoLS) appeals
• Deputyship Applications
• Disputes, including Medical Treatment Disputes
• Independent Mental Capacity Advocate (IMCA) & Relevant Person’s Representative (RPR) legal advice

How Watson Woodhouse Can Help

We are here to help.

Call us for a FREE and confidential consultation with a specialist solicitor on 01642 247656.

Alternatively, complete our online contact form, and one of our solicitors will be in touch.

Watson Woodhouse Solicitors provide support to clients throughout England and Wales.