Capacity and Lasting Power of Attorney

Mental Capacity

The Mental Capacity Act (MCA) is designed to protect and empower individuals who may lack mental capacity to make their own decisions about their care and treatment.

Examples of people who may lack capacity include those with:

    • Dementia
    • A severe learning disability
    • A brain injury
    • A stroke
    • Unconsciousness caused by a sudden accident or anaesthetic

However, someone can lack capacity to make some decisions (such as complex financial decisions) but still have capacity to make other decisions ( such as what to buy at the local shops)

        Anyone caring for or supporting a person who may lack capacity could be involved in assessing capacity.

For more information on the Mental Capacity Act visit: https://www.gov.uk/government/collections/mental-capacity-act-making-decisions

Lasting Power of Attorney (LPA) 

A Lasting Power of Attorney allows you to appoint someone to enable them to make decisions about your:

  • Health and Welfare and
  • Finances and Property

In the event that you are no longer able to make decisions, (lack capacity) in the future.

Lasting Powers of Attorney can be made at any time when the person making it has the mental capacity to do so.

For more information on Lasting Power of Attorney visit:
https://www.gov.uk/power-of-attorney/overview

For legal advice around LPA contact Actons Solicitors
on: 0115 9100 200 or visit:  http://www.actons.co.uk/