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Mental Capacity

Court of Protection


Mental capacity is a person’s ability to make decisions for themselves. A person who is unable to do this ‘lacks capacity’ – this could be because of a brain injury, learning disability, illness or a mental health issue. Whatever the circumstances, our dedicated Court of Protection Solicitors offer a personalised service, focused around you.

For sensitive, discreet advice concerning mental capacity issues, get in touch with our Court of Protection Team today.

Mental Capacity Assessment

The Mental Capacity Act 2005 sets out how decisions are to be made on behalf of people who are unable to make these decisions themselves. Any decision made on behalf of someone who lacks the necessary capacity must be made in their best interests.

A person may be assessed to lack the mental capacity to make a decision for themselves. This can happen where a person has a mental impairment such as dementia, learning disabilities or a brain injury. Someone is deemed unable to make a decision if, as a result of a mental impairment, they are unable to: 

  • Understand the information about a decision that needs to be made and what it means when making that decision
  • Retain the information related to a decision that needs to be made
  • Process the information to make a decision
  • Communicate their decision. This doesn’t just mean words, but through signs, verbal cues or in written form.

How Cartwright King’s Court of Protection Solicitors Can Help

We understand the distress that mental capacity issues can cause if you are affected by or caring for someone lacking capacity. It can be a traumatic ordeal, and doing what’s best can seem overwhelming. Our Court of Protection Team is here to help you with the legalities of such issues.

Our dedicated team has years of experience dealing with mental capacity issues, which you can trust to guide you through your situation. When you need unequivocal advice and representation, our Court of Protection team rises to the challenge. We can help with:

  • Court of Protection applications
  • Advice about the laws relating to mental capacity and the Mental Capacity Act 2005
  • Settling disputes
  • Reaching decisions that are in a person’s best interests

Benefit from a Free, Initial Telephone Conversation

It’s always best to get legal advice when dealing with mental capacity issues. With so much at stake, having experienced legal representation on your side makes all the difference because it ensures that you’re better prepared, the legalities are clearly explained to you and you have a strategy to help you move forward.

That’s why Cartwright King offers a free, initial telephone conversation. There’s no substitute for speaking to one of our specialist Mental Capacity Solicitors to get the right advice and ensuring that you or your loved one’s best interests and wishes are being met.

For immediate action, contact us today for your free* initial discussion. 

The discussion is completely informal and confidential, and is an opportunity for us to:

  • Get to know you 
  • Understand your situation
  • Agree how you want to proceed

*Please be aware that this is a ‘get to know you’ call and no advice will be given.

Why Choose Cartwright King for Mental Capacity Issues?

We listen, we understand and we genuinely care about the legal rights of all people that we represent. We know the burden and distress that comes with navigating mental capacity issues. 

That’s why we’re committed to lightening the load and helping you navigate the legalities of any decisions that affect a person’s life, ensuring that you’re treated with respect and dignity throughout your case, and the best interests of everyone involved are represented and protected.

When you need us most, we’ll be there to offer sound, sensible legal advice and sure guidance. 

We’re a trusted, resourceful Legal 500 top tier law firm with specialist solicitors that are calm under pressure, giving you legal support that you can count on, no matter how complex your case.

Legal Fees

You could be entitled to Legal Aid to cover the cost of legal representation in the Court of Protection. Cartwright King will always advise you on whether Legal Aid is available to you. The availability of Legal Aid is subject to a means test.

However, if you’re ineligible for Legal Aid, Cartwright King will discuss private fee paying options and payment plans with you. The priority is ensuring that you have access to the highest standard of legal representation.

We're here for you.