MENTAL CAPACITY

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FAMILY LAW

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Our experienced mental capacity solicitors are ready to support you and your loved ones with financial, health and welfare issues.

We help and advise individuals and families when a person lacks the mental capacity to make their own choices and decisions.

This can be due to a wide range of reasons including learning disability, dementia, coma, a brain injury or mental health issue, including addiction. Reduced mental capacity may be sudden or gradual, permanent or temporary. Our mental capacity lawyers are here to support people whatever the circumstances – and in cases where there are disagreements over what is in the best interests of the person in question.

Our solicitors understand the complexities, emotion and challenges of caring for someone who is mentally incapacitated and we’re here to try to smooth the path as much as possible.
Do get in touch for an informal discussion about our services.

Stephen Walsh & Co Solicitors can
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WHAT DOES MENTAL CAPACITY MEAN?

Mental capacity is the ability to make choices and decisions and is something we all exercise continuously in the big and small decisions we make.
When ill health, injury or disability mean a person lacks capacity to make their own choices or managing their own affairs then a Wardship Application can be made to the President of the High Court to have the person made a Ward of Court.
A person or persons will be appointed to act as the “Committee” for the Ward and the Wards of Court Office will liaise with the Committee regarding decisions to be made about the Ward.

The President of the High Court and he will decide based on the medical reports whether to make the person a Ward of Court. If the President of the High Court is satisfied that the person cannot manage his or her own affairs because of mental incapacity, she will make the order to make that person a Ward of Court. A Committee which is usually made up of family members is then appointed to manage the Ward’s assets and the proceeds of the Ward’s bank accounts are usually transferred to the Courts Service for safekeeping.

The Assisted Decision-Making (Capacity) Act 2015 will govern the law in relation to vulnerable adults who are experiencing difficulties with decision making when it is commenced by the Oireachtas. It will apply to any adult whose capacity is in question or will shortly be in question in respect of one or more matter. This reforming piece of law will enable and support those with Mental Capacity issues to make their own Financial, Medical and Welfare decisions in line with their own will and preferences.

WHO WE WORK WITH

Our solicitors act for people with a wide range of injuries and needs including:

  • Very young children with birth injuries
  • Adults with an acquired brain injury following a traumatic event
  • Those who have lost capacity as a result of a stroke or a condition such as Alzheimer’s.

WHY STEPHEN WALSH & Co. SOLICITORS?

Our specialist solicitors have been dealing with mental capacity issues for many years and have built up a wealth of experience in ensuring the best interests of all involved are met. Our team is passionate about – and expert in – helping individuals and families with mental capacity related issues. “Our team specialise in helping others who are unable to look after themselves. It’s all about the empowerment of the person, bringing their interests at the heart of all the decision making.” Stephen Walsh.

Deprivation of Liberty

Deprivation of liberty means taking away someone’s right to freely move around and live where they want to live.
Deprivation of liberty can include:

  • being kept in a locked room or ward
  • not being free to go anywhere without supervision or permission.

People may be subject to deprivation of liberty in care homes, hospitals or in their own home. This can be challenged whether proper processes have been followed or not. Reviews are important too.
We have extensive knowledge in this complex area of law and a deep understanding of the worry, concern and difficulties people can face in relation to it.
Our mental capacity teams support people every step of the way and understand the sense of urgency that can be involved when a local authority, hospital or care home is depriving someone you care about of their liberty.

deprivation of liberty

WHO WE CAN HELP

People our deprivation of liberty lawyers support include:

  • parents whose grown up child is being deprived of their liberty
  • people who have a loved one who has been sectioned
  • advocates for people lacking mental capacity
  • individuals who have been deprived of their liberty by a caregiver
  • people with dementia, autism and learning disabilities
  • anyone facing issues relating to lack of mental capacity/the ability of an individual to make their own decisions.

We can support you across Ireland. Do get in touch to discuss how we can help.

Talk to one of our Solicitors today. Call us on 045 881193