03/09/2026
Under UK law, an individual's mental capacity to make choices regarding financial, legal, estate, or other important matters is automatically assumed unless it's legally established that they lack it.
To have mental capacity for a specific choice, a person must be able to understand the relevant information, retain it long enough to make the decision, and use it alongside the pros and cons to come to and communicate a choice.
And this isn't an all or nothing situation; capacity can change over time. A person might have the capacity to handle daily choices but lack the capacity to make complicated decisions about selling property or making a Will.
The team at Peter Ross Law is here to support you with Lasting Power of Attorney (LPA) arrangements, allowing you to appoint someone you trust to make sure your preferences are honoured. We also provide compassionate guidance for families navigating Court of Protection applications and deputyship orders for loved ones who have already lost capacity.
If you have any questions about planning for the future or want to know more about supporting a family member, reach out to our team or visit our website today.