Mental Capacity/Best Interests/Court of Protection
The new Mental Capacity Act 2005 says that if you do not have the mental capacity to make medical or welfare decisions, any decision made on your behalf has to be made in your “best interests".
When deciding what is in your best interests, those making the decisions have to take into account a number of factors, including your own views if you are able to express them and those of your family and friends.
If there is a dispute about whether you have mental capacity or what is in your best interests, you, or your family or other concerned individuals can refer the matter to the Court of Protection for a decision on your mental capacity and/or what is in your best interests.
The decisions which the Court of Protection can make include:
- Decisions about where you should live
- What care you should receive
- Whether restraints can be used in your care plan
- What medical treatment you should receive
- Who you should have contact with
- Whether you are able to travel abroad
- Whether you can decided to marry
People can lack mental capacity for a number of different reasons, including:
- Mental health problems
- Learning disability
- Brain injuries
- Alzheimer’s disease
- Dementia
- Undue pressure from others
Our expert lawyers can advise you on your human rights and assist you in resolving a dispute about capacity or what is in a person’s best interests.
Contact an expert here >
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