One of the key roles Lynx Estates has to offer are valued services for the Elderly.  Sadly, it is a fact of life that at some point we all need or, will need important decisons being made for us as our mental health deteriorates with age.  There are hundreds of considerations that need to be made, and it is a wise decision whilst you do have the mental ability to contact Lynx Estates for the handling of your affairs and wishes.  Even if you are looking after an elderly person, and need some practical advice to assist you in making the right decision for your elderly relative, it is always best to contact us to ensure that any considerations you are making for them, are legally right for them. 

Mental Capacity

There are new rules about mental capacity under the Mental Capacity Act 2005. The Act provides a framework to govern the ways in which people can and should make decisions for those who lack capacity.  

Lynx Estates advise on the key principles listed below, which govern how decisions are made for those who lack capacity. We advise on how these new rules apply to clients.  Lynx Estates work closely with medical and other professionals in assessing capacity.

The key principles of the Mental Capacity Bill (MCB)

• That there is a rebuttable presumption of capacity.  Thus, every person over the age of 16 is assumed to have capacity to make decisions unless it is proved otherwise. 

• There is no blanket label of incapacity resulting in a single assessment as to mental capacity.  Thus, when assessing whether a person has capacity to make a decision, account should be taken as to the specific decision to be made at the time it is to be made.

• Where possible, every individual should be encouraged to make their own decision - and help and support should be available to aid them if necessary.

• A person must have the right to make whatever decisions he/she likes, even if that decision appears eccentric or unwise.

• Any decisions made on behalf of a person without mental capacity must be made in that person's best interests.  Thought should be given to what decision the person would have made had they been capable of making that decision.

• Any decisions made on behalf of another person should interfere as little as possible with that person's fundamental rights and freedoms.

For one of our experienced advisers to discuss your situation with you, please telephone us on:

08719 513 853

Click here for more information on Persons who lack capacity  

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