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Working with clients who may lack mental capacity this guidance is aimed at solicitors Please note that this is an optional extra to the core service of mental capacity assessment. It will help you assess whether clients have mental capacity to instruct you, and whether you can accept and act on the client’s instructions.
A mental capacity assessment is a test to determine whether a person has the capacity to make decisions This will be at an additional cost to be confirmed The case demonstrates the importance of seeking the assistance of a court of protection solicitor where a loved one is objecting to or presenting as unhappy at the care home that they are in
The law is complex, and properly made court applications and challenges to mental capacity assessments can result in a loved one being found to have capacity to make the decision for themselves
Our experienced team of mental capacity solicitors are national leaders in mental capacity disputes 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. Additional notes our mental capacity reports are completed to a court standard If certificates or witness signatures are requested, we will only complete this with the direct instruction and presence of a solicitor to act as the second witness
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