Capacity disputes

Everyone is presumed to have the necessary mental capacity to make their own decisions unless and until it has been shown that they lack this capacity.

The Court of Protection only has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions. If someone has the necessary capacity to make a decision for themselves then the Court cannot make a decision on their behalf.

You may be worried that an application to the Court of Protection has been made when the person it concerns has the capacity to make the relevant decision themselves.

Our specialist team can assist you in obtaining medical evidence of someone’s capacity if necessary.

If you are concerned about the capacity of someone to make a decision and would like to discuss the issues further please do not hesitate to contact us.