At First Law Solicitors, we act as legal advocates for people who lack mental capacity to make certain decisions for themselves. Through our Best Interests Advocacy service, we ensure that decisions made on behalf of vulnerable individuals comply with the law, respect their rights and reflect their wishes as far as possible. Our solicitors provide guidance to families, attorneys, deputies and professionals involved in care, welfare or financial decisions under the Mental Capacity Act 2005.
The Mental Capacity Act 2005 sets out how decisions must be made for adults who lack the capacity to make those decisions themselves. Every decision must be made in the person’s best interests and must take account of their wishes, feelings and beliefs.
In some situations, a best interests advocate, sometimes an Independent Mental Capacity Advocate, may be required where there is no family member or suitable representative able to assist. Our solicitors provide legal advice, advocacy and representation in all best interests matters, ensuring that the decision-making process is lawful, transparent and focused on the person’s welfare.
We assist clients with a wide range of best interests issues, including decisions about health and welfare such as care arrangements and medical treatment, property and financial management under a Power of Attorney or deputyship, disputes about capacity, consent or care placement, and representation in Court of Protection proceedings. We are also currently advising clients on the transition from the Deprivation of Liberty Safeguards to the Liberty Protection Safeguards framework, following the government’s late-2025 announcement to restart implementation.
Our solicitors provide calm, expert support to individuals, families and professionals involved in best interests decisions. We work closely with medical practitioners, local authorities and the Office of the Public Guardian to ensure that every decision meets the legal test for best interests.
We assist by reviewing medical, social and financial evidence to establish capacity and best interests, preparing legal documents and written submissions for the Court of Protection, advising attorneys and deputies on their duties under the Mental Capacity Act 2005, and acting as independent legal advocates where family members disagree about what is best for their loved one. Where appropriate, we also liaise with Independent Mental Capacity Advocates to ensure that all relevant perspectives are considered in the decision-making process.
Best interests matters often involve highly sensitive personal, medical and care-related information. All documents and communications are handled with strict confidentiality and in accordance with data protection law and professional obligations. Our solicitors ensure that information is recorded accurately, stored securely and shared only where lawful and necessary, maintaining integrity and trust throughout the process.
Legal representation is particularly important where family members disagree about medical treatment or living arrangements, where a Power of Attorney or deputy is challenged or under investigation, where there is a dispute about whether a person has mental capacity, or where a decision made by a local authority or the NHS appears to conflict with the person’s best interests.
Our solicitors represent clients in meetings, negotiations and hearings before the Court of Protection, ensuring that all decisions comply with the principles of the Mental Capacity Act 2005 and the Human Rights Act 1998.
At First Law Solicitors, we are experienced in handling sensitive and complex best interests matters. We approach every case with empathy, professionalism and a clear understanding of the legal duties placed on decision-makers. We explain each stage in plain English, helping families and professionals understand their rights and responsibilities. Our priority is always to protect the dignity, welfare and legal rights of the person at the heart of the decision.
If you need advice about a best interests decision or representation in the Court of Protection, contact First Law Solicitors today. Our solicitors provide clear and compassionate guidance to help ensure that every decision made for a loved one is lawful, fair and respectful.
Call 0044 161 224 4066
Complete our secure online enquiry form to arrange your consultation.
Copyright © 2025. First Law Solicitors. All Rights Reserved
