There is an assumption in law that all individuals have the right to make their own decisions regardless of how eccentric these decisions might be.

Mental Capacity, therefore, is an individual's ability to retain and process information accordingly but the tests for which vary depending on whether capacity is called into question in respect of accommodation or, perhaps more commonly, making a Will.

As you are aware from our discussions, the loss of this mental capacity could cause a plethora or problems for family and friends when it comes to making a decision on your behalf. These decisions could be in relation to your welfare, finances or accommodation.

For those individuals who have lost capacity, we can assist you on behalf of this individual with reference to the Best Interests element of the Mental Capacity Act 2005 or more specifically, make an application on your behalf to the Court of Protection for a Deputyship Order. Please contact us for further information.

In order to circumvent any such problems in the future if this happens, our private client department can help you arrange a Lasting Power of Attorney in respect of your Property or Health and Welfare.

Making a property and affairs LPA would ensure that someone you trust (known as your Attorney) make decisions about your property when you lose mental capacity which can include paying your bills, dealing with your finances generally and selling your house subject to any restrictions you put on sale.

With regard to the personal affair LPA, this will enable decisions to be made about your health and welfare, i.e. who was to provide the day to day care of medical treatment although your Attorney is unable to refuse any medical treatment on your behalf.

Please note that these items can only be used once they are registered with the Office of the Public Guardian which means that the registration of your LPA is crucial to its operation.