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.
The Mental Capacity Act 2010 (MCA) sets out how decisions must be made and states that any decision made on behalf of someone who lacks the necessary mental capacity must be made in their best interests. If the people involved, such as family members, advocates or care organisations, cannot agree on what to do, cases can be referred to the Court of Protection.
Disputes can develop over a variety of issues, including:
- Whether an individual does or does not have capacity
- Where the person should live (for example, at home or in residential care, or choice of residential care)
- What care the person should receive
- The person’s contact with others (for example whether contact should be restricted, supervised or stopped altogether)
- Whether the person can consent to forming sexual relations
- The person’s access to social media platforms (for example whether access should be supervised )
- Serious medical treatment (including disputes about stopping or continuing 'life support', and disputes about sterilisation).
If you are involved with a mental capacity dispute, whether it has reached the Court of Protection or not, we can help. Contact our mental capacity lawyers online or call us on 0800 028 1943 to find out more.
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