mental capacity

Mental capacity

Most people make decisions for themselves on a daily basis.  If they lose that ability or look likely to lose that ability, we can help.

Whether preparing for the expected or in response to the unexpected illness, undergoing treatment, accident or misuse of drugs or alcohol there can be a temporary or permanent loss of capacity.  In these circumstances it is wise to consider who should make decisions for you if you could no longer do so.

Under the Mental Capacity Act 2005 a person must be assumed to have capacity unless it is established that he lacks capacity.  The Act further states that a person lacks capacity in relation to a matter if “at the material time he is unable to make decisions for himself in relation to the matter because of an impairment of or a disturbance in the functioning of the mind or brain”.  This means that capacity to make a decision must be established at the time the decision has to be made and must be relevant to that particular decision.  This is referred to as “time and decision specific”.

If a person is considered to be lacking capacity there can be a great deal of complexity for their nearest and dearest including financial management, wealth and tax planning. 

At Norris & Miles we act for individuals, their families and carers or trustees, beneficiaries, attorneys and accountants.  We aim to explain some of the jargon that you may be faced with and we can advise upon and deal with the following:
  • The administration of a donor’s or patient’s affairs
  • Advanced decisions
  • Court of Protection cases
  • Powers of Attorney
  • Lasting Powers of Attorney