Mental Capacity Act issues


The Mental Capacity Act 2005 is an important piece of legislation which applies to all those involved in the care, treatment and support of people aged 16 and over in England and Wales who are unable to make some or all decisions for themselves due to a lack of mental capacity.

A significant proportion of care home service users lack capacity to make decisions about their treatment and care either due to dementia, significant learning disability, brain injury, or stroke. It is therefore vitally important that those operating and working in the care home sector have a proper understanding of the principles underpinning the Act and how those principles apply in practice.

Our Healthcare Team has extensive experience in advising on the application of the Mental Capacity Act including:

  • Capacity assessments
  • Best interests decision-making
  • Disputed ‘best interests’
  • Lawful use of restraint
  • Use of covert medication
  • Lasting Powers of Attorney and deputyship appointments
  • End-of-life care and treatment decisions
  • Court of Protection applications
  • Deprivation of Liberty Safeguards

If you require any further information, Kathryn Riddell, Barry Speker OBE DL or one of our team of healthcare specialist lawyers would be pleased to talk through your requirements and answer any questions. Please contact us at any time.