Mental Capacity Act 2005

Mental Capacity Act 2005

For clarity in complex times

The Mental Capacity Act 2005 can be difficult to navigate but it’s vital legislation that allows the court to make decisions in the best interests of people who no longer have the mental capacity to make their own choices. This could be because of a birth injury, an enduring condition such as a learning disability or Down’s syndrome, or (usually later in life) they are suffering from some form of dementia.

The Mental Capacity Act is vital for making sure vulnerable people are protected and their rights respected. The court’s special jurisdiction is based on declaring that a person doesn’t have the mental capacity to make a particular decision. This can include where they live or what treatment they’ll receive. It’s also able to assess the decisions of other statutory bodies like local authorities where they are involved in depriving someone of their liberty using the legal framework of standard authorisations, such as the Deprivation of Liberty Safeguards (DoLS).

We can simplify the complexities of the Mental Capacity Act, making it more accessible for you and your family. Our team of legal experts blends a deep understanding of the law with genuine empathy, guiding you through what can be an emotionally difficult process.

Navigating any legal issues to do with mental capacity isn’t easy, but with Switalskis by your side, you’re better equipped to make informed, compassionate choices for your loved ones. Typically, we act on behalf of the person concerned or family members. We’re also instructed by the Official Solicitor on behalf of the person concerned.

For the help you need to traverse this legal landscape, contact Switalskis today. Call us on 0800 1380 458, or get in touch via our through our website.

A man and his dog admiring the sunset over a majestic mountain landscape.

How Switalskis can help you

The Mental Capacity Act has far-reaching implications and complexities that you shouldn't have to navigate alone. The act involves intricate legal considerations, and our team is well-versed in this.

Our experienced solicitors bring clarity and legal precision to provide you with the guidance and support you need.

We begin by having a confidential conversation with you to understand your unique situation fully and establish how we can help.

We tailor our advice to the specific circumstances, offering practical solutions that respect the client’s wishes and safeguard their interests.

We also make sure that healthcare providers or other organisations are held to the standards set by the act, advocating for the rights of our clients.

When a person is deprived of their freedom and wants to challenge aspects of that deprivation - and the deprivation is authorised by standard or urgent authorisation - they can access free Legal Aid. For all other challenges to a deprivation of liberty, there may be Legal Aid available, subject to means testing. For representation in health and welfare best interests cases, Legal Aid is available, subject to means and merits testing.

Read what our clients had to say about the help they received from Switalskis

What is the Mental Health Capacity Act 2005?

The Mental Health Capacity Act is a legal framework. It aims to empower people who lack capacity due to mental health issues to make important decisions about their care and treatment. It also helps put provisions in place to allow trusted friends and family members to make decisions on their behalf. This legislation plays an important role in safeguarding the rights and welfare of vulnerable people within the mental health system.

The key Mental Health Act 2005 principles include:

Promoting autonomy

The act is designed to uphold a person's ability to make choices to the greatest extent possible. It recognises that even those with impaired capacity should be involved in decision-making processes about their treatment and care.

Capacity assessment

The act provides a structured process for assessing a person's capacity to make specific decisions. It sets out clear criteria for determining whether a person has the mental capacity to make a particular choice.

Best interests

When someone lacks the capacity to make a decision, the act demands that any decision made on their behalf must be in their best interests, considering their past and present wishes, feelings, beliefs and values.

Least restrictive option

The act promotes the principle of choosing options that place the least restrictions on the life of someone who lacks capacity when making decisions on their behalf. This means that any interventions should be done in the least intrusive way necessary to achieve the intended outcome.

Deprivation of Liberty Safeguards (DoLS)

The act also introduced the DoLS, which are designed to protect people who may be deprived of their liberty in a care setting. These safeguards aim to make sure that, if a decision is made to restrict someone’s choices, it’s done lawfully and in the person's best interests.

While seeking legal advice is not a legal requirement, it can significantly ease the process and provide you with confidence. Our experienced solicitors are here to provide compassionate guidance and support to make sure that the person's rights and wellbeing are safeguarded.

For the help you need to traverse this legal landscape, contact Switalskis today. Call us on 0800 1380 458, or get in touch via our through our website.

Our Team of Court of Protection Solicitors

Photo of Alison Kaye
Alison KayeDirector and Solicitor
Photo of Michael Kennedy
Michael KennedyDirector and Barrister
Danielle SmithurstAssociate Solicitor and Accredited Legal Representative
photo of Nichola Burridge-Todd
Nichola Burridge-ToddSolicitor and Accredited Legal Representative
Photo of Amandeep Dosanjh
Amandeep DosanjhSolicitor and Accredited Legal Representative
View more

Our latest court of protection updates

View more

Why Switalskis?

When you're navigating the complexities of the Mental Capacity Act, selecting the right solicitor will affect your experience and the outcome of the process. To make sure the concerns are appropriately addressed and your rights are upheld, speak to our specialist Court of Protection solicitors today. 

We’re committed to the following principles, which distinguish us and guide us in every case:

Clarity in complexity

Dealing with issues under the Mental Health Act can be complex and challenging to handle. Our solicitors translate legal formalities into plain English, sparing unnecessary confusion. Throughout your process, we’ll be reliable and accessible, ready to answer any questions and provide guidance to simplify the process.

Empathy at every step

Our lawyers are experienced in health and welfare matters before the Court of Protection and will deal with each matter with a degree of empathy and compassion.

Expertise you can trust

Trust is a top priority in sensitive matters like those involving mental health law. Our solicitors have experience in this field and have worked on many cases always working to secure the best outcomes for our clients. We take on the responsibility of seeking the answers needed for our clients.

Championing your rights

Our solicitors are dedicated to upholding the client’s rights throughout the proceedings, making sure their voice is heard.

Our Mental Health Services

Find out how Switalskis can help you

For expert legal support on any aspect of Court of Protection and the Mental Capacity Act 2005, call our solicitors at Switalskis today on 0800 138 0458 , or contact us through the website.

When completing this form, the details you provide will only be used to deal with your enquiry. Please read our Privacy Policy for more information on how your data is used and stored.

Contact us