Mental Health & Mental Capacity

Mental Health and Mental Capacity

Mental Health:

Our members take an individual approach to all of our Mental Health and Capacity matters recognising that no one client is the same.  We are dedicated to ensuring our clients’ voices are heard and their rights are considered by all parties from the outset.

Forces Law are able to provide advice, assistance and representation in relation to all aspects of the Mental Health Act 1983 (as amended) (MHA 1983) to patients and their relatives. We are able to assist in the following ways:-

• Representation of individuals detained under MHA 1983 in Mental Health Tribunal Hearings before the First-Tier Tribunal
• Representation of individuals detained under MHA 1983 in Hospital Manager Hearings whether a requested hearing or renewal hearing
• Providing advice and assistance in relation to the legality of detention under MHA 1983
• Providing advice and assistance in relation to MHA 1983 consent to treatment provisions
• Providing advice and assistance in relation to Section 117 MHA 1983 aftercare provisions and funding issues
• Advocating for individuals in various meetings including Care Programme Approach meetings (CPAs), Care and Treatment Reviews (CTRs), Section 117 meetings and Professionals meetings
• Commissioning of independent experts, including Psychiatrists, Psychologists and Social Workers, to prepare independent reports to ensure equality of arms with hospital teams in Mental Health Tribunal Hearings
• Advising relatives of individuals detained under MHA 1983 of the process, procedures and their rights and powers, particularly in relation to Nearest Relatives of patients
• Advice on proceedings to displace a Nearest Relative
• Appeals to the Upper Tier Tribunal of Decisions by the Mental Health Tribunal Panel.

Legal Aid may be available in respect of Mental Health Tribunal Hearings.  Dependent upon a means-assessment.  Legal Aid may be available for the non-Tribunal Mental Health Law advice and assistance we can provide.

Mental Capacity:

Forces Law are able to provide advice, assistance and representation in relation to the following Capacity matters:

• Advice on what a deputy is and whether a deputy is required
• Applications to appoint a deputy for Property and Affairs
• Applications to appoint a deputy for Health and Welfare
• Appointment of a professional deputy
• Applications to replace a deputy
• Trustee applications.
• Advice on the Deprivation of Liberty safeguards (DOLs)
• Section 21A applications
• Statutory wills
• Advice on resolving Power of Attorney disputes
• Application to the Court of Protection for the payment of gifts or advice
• Advice and representation for Court of Protection disputes.

There may be different procedures in place for those in Northern Ireland and more information can be obtained from our Member firm at McCartan Turkington Breen