At First Law Solicitors, we provide clear and practical guidance on mental capacity law for families, attorneys, deputies and professionals.
When someone struggles to make decisions for themselves, the law offers a framework to ensure that those decisions are made fairly, lawfully and in their best interests.
Our solicitors help clients understand and apply the Mental Capacity Act 2005, which sets out how capacity should be assessed and how decisions should be made for those who lack it.
Mental capacity is the ability to understand, retain and use information to make a specific decision at a particular time.
A person may have capacity for some decisions but not others, and capacity can change over time.
Under the Mental Capacity Act 2005, every decision for someone lacking capacity must:
Our solicitors guide families, deputies and attorneys through this process with care and precision.
We assist clients in assessing, documenting and applying capacity law in everyday and complex situations.
Our support includes advising on capacity assessments, decisions about care, and financial management where a Power of Attorney or Deputyship is involved.
We also represent clients in disputes about capacity, consent and best interests before the Court of Protection.
Our solicitors provide clear advice on when medical evidence is required, how to prepare formal assessments, and how to act lawfully as an attorney or deputy.
Where appropriate, we liaise with local authorities, NHS bodies and Independent Mental Capacity Advocates (IMCAs) to ensure that all voices are heard before key decisions are made.
All capacity decisions in England and Wales are governed by the Mental Capacity Act 2005, supported by the Mental Capacity Code of Practice.
Our advice also reflects recent developments, including the government’s late-2025 commitment to implement the Liberty Protection Safeguards (LPS) — the new system replacing the Deprivation of Liberty Safeguards (DoLS).
We are currently assisting clients with LPS transition planning, ensuring that existing care and welfare arrangements remain compliant as the new framework is introduced during 2026.
Mental capacity records often contain sensitive medical and personal information.
We ensure that all documentation and correspondence comply with UK GDPR and the Data (Use and Access) Act 2025, regulated by the Information Commission (formerly the ICO).
Under the Digital Verification Services (DVS) framework, all electronic submissions and applications to the Court of Protection or Office of the Public Guardian can now be verified using Qualified Electronic Signatures (QES).
Our solicitors ensure that each case file meets these new digital verification standards for security and authenticity.
The rules governing capacity and best interests are complex and evolving. Without clear advice, well-meaning families or professionals can make decisions that unintentionally breach the law.
At First Law Solicitors, we explain every stage in plain English and help you document your actions correctly to avoid future disputes or investigations.
Our guidance gives confidence that every decision made is lawful, proportionate and focused on the person’s welfare.
Our solicitors are experienced in advising on all aspects of capacity law, from early assessment to complex Court of Protection proceedings.
We combine up-to-date legal knowledge with sensitivity and discretion, ensuring that each client is supported through what is often a challenging process.
We are committed to the principles of respect, independence and dignity that lie at the heart of the Mental Capacity Act 2005.
If you need clear legal guidance on mental capacity, deputyship or best interests decisions, contact First Law Solicitors today.
Our solicitors provide straightforward and compassionate advice to families, carers and professionals across the UK.
Call 0044 161 224 4066
Complete our secure online enquiry form to arrange your consultation.
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