This work covers decisions about serious medical treatment for someone who may lack capacity to consent, including life‑sustaining or substantial interventions. A solicitor helps identify options, assess best interests, and navigate the formal mechanisms that govern decision‑making when capacity is in doubt. The focus is on safeguarding the patient’s rights, ensuring appropriate information sharing, and aligning medical choices with lawful processes.
What a solicitor handles in these matters
A solicitor handles the Mental Capacity Act 2005 framework, drafts and pursues Court of Protection applications, and may appoint a deputy or secure lasting powers of attorney for health and welfare. They review medical records, communicate with clinicians, advise on best interests, and coordinate with NHS bodies, family members, and social services. They also deal with advance decisions to refuse treatment and discharge planning when capacity is impaired.
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