4 July, 16


The Mental Capacity Act 2005 provides the legal framework regarding how decisions are made on behalf of people who lack mental capacity to make specific decisions for themselves.

The decisions can be regarding day-to-day matters such as what to eat or more complex, life changing events like where to live or whether to consent to medical treatment.

If an individual is assessed as lacking mental capacity to make a specific decision, someone else must then make that decision for them on their behalf. The Act contains a duty that any decision made on a person’s behalf must be in their best interests.

If there are disagreements regarding whether an individual lacks mental capacity to make a specific decision or if there is a dispute regarding what is in an incapacitated person’s best interests, the dispute may be referred to the Court of Protection.

The Court of Protection is the specialist court in England and Wales which makes decisions on financial or welfare matters for people who lack mental capacity to make decisions.

What we can offer

We are a team of specialist lawyers with experience in advising and representing individuals, family members, carers and advocates in matters regarding the health and welfare of incapacitated individuals.

We are able to advise clients regarding assessments of mental capacity as well as in relation to ‘best interests’ decisions that have been taken on behalf of an incapacitated individual.

We act for clients in Court of Protection proceedings concerning the capacity and ‘best interests’ of individuals where a range of health and welfare decisions are determined. These include:

  • Where a person should live
  • The care support they should receive
  • The contact they should have with friends and/or family
  • Whether they should have a particular type of medical treatment

We also advise and represent clients in relation to challenging a Deprivation of Liberty Safeguards (DOLS) Standard Authorisation.

Our team of lawyers are specialists in community care law and so they are experienced in cases concerning obtaining suitable care support from social services departments. Often there is an overlap regarding securing suitable support for vulnerable individuals subject to Court of Protection proceedings and so our experience in both areas is often advantageous to clients.

What others say about us

GT Stewart is an award winning law firm with offices in Camberwell Green, Hackney, Croydon and Leeds. Our Community Care solicitors have an outstanding reputation for acting on behalf of individuals with highly successful results.

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