Mental Capacity

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Hello, My name is Adrian Chambers and welcome to our web pages on Lasting Powers of Attorney.

If you wish to make a Lasting Power of Attorney you must have mental capacity. This is to safe guard you and ensure that someone else is not coercing you into making the Lasting Power of Attorney as they are vital documents giving access to your finances.

If you’re thinking about making a Power of Attorney, contact us via telephone on Corby 01536 276300 or Kettering 01536 311690 or use our online contact form.

The Mental Capacity Act

The Mental Capacity Act 2005 provides a framework to safeguard those individuals who lack capacity to make some decisions for themselves. It protects individuals who may be coerced into making decisions by other people. The rules of the Mental Capacity Act 2005 apply whether the decision is a minor (such as everyday matters) or life changing events.

The Mental Capacity Act 2005 details who can make decisions in which situations, and how they should go about this. Lacking capacity could be due to age, an injury or a disability. Anyone who wishes to make decisions on behalf of an adult who lacks mental capacity must comply with the Mental Capacity Act 2005 when making decisions or acting on behalf of that person.

Five Principles

The five principles enshrined in the Mental Capacity Act 2005 are:

  • Every adult has the right to make his or her own decisions and must be assumed to have capacity to make them unless it is proved otherwise.
  • A person must be given all practicable help before anyone treats them as not being able to make their own decisions.
  • Just because an individual makes what may seem as an unwise decision, they should not be treated as lacking capacity to make that decision
  • Anything done or any decision made on behalf of a person who lacks capacity must be done in their best interests.
  • Anything done for or on behalf of a person who lacks capacity should be the least restrictive of their basic rights and freedoms.

What Is Mental Capacity?

If you have mental capacity it means that you are able to make your own decisions. The legal definition says that someone who lacks capacity cannot do one or more of the following:

  • Understand information given to them
  • Retain that information long enough to be able to make a decision
  • Weigh up the information available to make a decision
  • Communicate their decision.

Who Decides Whether Someone Has Capacity?

Anyone in a position where they might need to make a decision for someone who may lack capacity must decide whether that person is able to make the decision on their own. There will be times when a professional will need to make a decision, for example if an individual is creating a Power of Attorney.

Mental Capacity Information Video

Adrian Chambers - Seatons Solicitors

Power Of Attorney Specialists

Hello, my name is Adrian Chambers and I am a solicitor who specialises in creating and advising on Powers of Attorney.

I can offer a low cost legal service and aim to sort everything all out for you quickly and easily. Property and Affairs Power of Attorney is the most common one used and it gives you peace of mind should you ever need someone else to look after your affairs.

If you’re thinking about making a Power of Attorney, contact us via telephone on Corby 01536 276300 or use our online contact form.

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