Mental Capacity and Court Protection

The Mental Capacity Act 2005, which came into force in 2007, allows people to plan for delegated decision making across all areas of their lives should they lose the capacity to manage their affairs. The Mental Capacity Act sets out who can take decisions on behalf of an adult who lacks capacity and in what circumstances they can act. Planning ahead and making a Lasting Power of Attorney is of course vital where possible, but there is much more to Mental Capacity law than this.

Mental incapacity can arise in a number of ways; from an accident, stroke, dementia, severe learning disability or severe mental health problem. This lack of capacity can be temporary or permanent. Unfortunately, mental capacity issues often arise during disputes with health or social services about how or where your relative should be cared for and what choices they can make for themselves about day-to-day matters. The law is complex and without legal advice gaps can arise which can mean decisions are made by health and social services rather than by the individual or their family. We can help at all stages.

Our Specialist Mental Capacity and Court of Protection Team deal with:

  1. 1. best interest’s decisions in respect of a person’s welfare, residence, care and contact with others;
  2. 2. challenges to Deprivation of Liberty Safeguards Standard Authorisations under Section 21A of the Mental Capacity Act 2005,
  3. 3. Claims for breaches of Article 2 (right to life) Article 5 (right to liberty and security) and Article 8 (right to respect for private and family life) of ECHR;
  4. 4. Medical treatment cases whereby life-sustaining treatment is withheld or withdrawn, including for patients in a permanent vegetative or minimally conscious state receiving artificial nutrition and hydration;
  5. 5. Lasting Powers of Attorney (LPAs);
  6. 6. Welfare and financial deputyship applications; and
  7. 7. Cross border disputes

Make an enquiry

If you would like to make an enquiry you can either call Pramod Sanatun on +44 (0)20 71830035 or you can send us an email on

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