Mental Capacity relates to a person’s ability to understand information and make decisions based upon this information. If a person becomes ill, or suffers an injury such as a stroke, they may, but not always, lose their mental capacity. In these cases, someone else will usually deal with their affairs. These people can be specified in advance through Lasting Powers of Attorney.

If you are concerned that a person has lost their capacity, or if there is a disagreement about this, you should contact your GP (or the GP of the person concerned). They will be able to direct you/the person concerned to a capacity assessment. Following that, they will issue a letter to confirm capacity/lack of capacity.