Specialists in mental health and mental capacity law

Questions and Answers

  • Q: Can I get legal aid for my case?

    A: If a person is detained under the Mental Capacity Act or the Mental Health Act then legal aid can be free of charge to challenge that detention. In other cases eligibility is often based on income and savings; together with whether the particular issue is covered by legal aid. We are happy to help you with this. We are one of only a small handful of firms in Kent who have a specialist legal aid contract in this area of law.

  • Q: Do you do fixed fee work?

    A: Yes, and we can discuss this depending on your case.

  • Q: I cannot get to the office - can you help?

    A: We are usually able to arrange home visits.

  • Q: We think that our father is detained in his care home but no one will agree he is detained. Can you help?

    A: We can. The “supervisory authority”, usually the local authority, is obligated to make such an assessment to see if he is detained. The law in this area has changed recently following a decision in Britain’s Supreme Court. The advantage of such an assessment provides more legal rights and a fuller assessment; and perhaps free legal aid.

  • Q: My parents are reluctant to draw up Lasting Powers of Attorney. What should I tell them?

    A: It is understandable that some people dislike drawing up LPAs, perhaps because they do not want to face losing control of their home and their assets. However if they lose capacity without making an LPA they could end up spending expensive legal fees if their case has to be examined by the Court of Protection. It is preferable if your parents make their wishes known now.

  • Q: Can an LPA be used before a person lacks capacity?

    A: There are two types of LPA. A property and affairs LPA can be used with the permission of the person who gave the power of attorney at any time after it is registered. It can also be used without permission, when the person who gave the power lacks capacity to make the required decision. The second LPS, the health and welfare LPA, can only be used when the person concerned has lost capacity.