This area of law is of fundamental interest and importance to all.

Until the coming into force of the Mental Capacity Act 2005 in October 2007, this area of law and practice was largely (and remarkably) free of statutory guidance, regulation and procedures. This has all now changed.

Why is this area of law so important?

To contrast with the making of a will, which most people will regard as vitally important to ensure that their money and property on their death goes to the people they wish it to go to rather than who the law says it should go to, the new mental capacity law allows individuals to specify, in the event of their losing the ability to decide for themselves whilst they're still alive:

• What should happen to their money and property?
• Who should be trusted to make decisions regarding their money and property (if anyone)?
• What medical treatments they wish to have and those that they don't want?
• Who should be consulted or make decisions about medical or social care issues for them?

In order to specify in advance what you want to see happen if, for any reason, you are unable to make or communicate a "capacitated" decision you can make use of the following new documents:

• Personal Welfare Lasting Power of Attorney
• Property & Affairs Lasting Power of Attorney
• An Advance Decision
• A Statement of Wishes and Feelings

In addition to creating the above documents, we can assist with registration with the Court of Protection/Office of the Public Guardian and provide advice on any disputes concerning capacity or best interests.

We have experience in "best interests" declarations (previously in the High Court, now in the Court of Protection) and can advise on this and application to the Court of Protection for declarations and applications for orders and deputyships.

Please contact us for further information.