3 Exceptional situations

Every situation is important when issues of mental capacity are at stake. Most potentially difficult situations are resolved satisfactorily between family members, professionals and other people who care about the person whose mental capacity is in doubt. However, the presumption of cooperation, competence to act on behalf of another person and goodwill cannot always be taken for granted.

You will now look at some of the formal legal processes that can be invoked as safeguards for protecting a person’s best interests.