Excellent
4.6 / 5 Average
911 Reviews
Marilyn Price

Again I’ve received great service. Easy to use software. Great communication as usual.


Andrea Knott

I can't speak highly enough of the incredible service provided by Ivana Bailey at Ramsdens Solicitors. When my family was faced with the overwhelming task of sorting out ...


Raymond

Ramsdens were recommended to me by word of mouth. My father had passed away and I was selling his property. Ramsdens Huddersfield gave a fair quote: Joanne Canning was a...


Anonymous

All staff at Ramsdens were fantastic. A very focused and well managed team.


Jonathan

Amber provided excellent service throughout the process. Amber was always willing to answer any queries I had and was extremely responsive. I would definitely recommend Amber to family and friends.


Independent
third party reviews

ReviewSolicitors

GET IN TOUCH : 01484 821 500

The Mental Capacity Act 2005 (MCA) was established by the Court of Protection with the aim to protect individuals that lack mental capacity. A person (‘P’) is assumed to have capacity until an assessment is completed that suggests otherwise. The MCA set out a two stage test for assessing capacity –

  • Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol and drug use?
  • Does the impairment mean that the person is unable to make a specific decision when they need to?

It is important to note that mental capacity is time and decision specific and so it may be that P is able to make decisions/input about certain financial decisions but not all. To determine whether a person is able to make a decision, the MCA sets out the following to be taken into consideration:

  • Can the person :
              • Understand the information relevant to the decision
      • Retain the information
      • Use or weigh up that information as part of the process of making the decision

Where it is believed that a family member or friend needs a Deputy to manage financial affairs, a COP3 assessment of capacity will have to be completed by a specialist capacity assessor so that the court can be satisfied that a Deputyship order is the least restrictive option.

CONTACT US

For more information call our Court of Protection team to discuss your options on 0344 3260 049 or email willsandprobate@ramsdens.co.uk to book a free information session at any of our offices.