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Understanding mental capacity
Understanding mental capacity

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3.3 Legal authority and the courts

The Court of Protection (England and Wales), the Sheriff Court (Scotland) or the High Court (Northern Ireland) are where matters of legal authority ultimately rest when there are concerns or disputes about the financial or welfare matters of people lacking mental capacity. These courts deal with issues of decision making on behalf of someone else where that person is assessed as not having the capacity to represent and manage matters for themselves. 

Watch the video below, which is a brief introduction to the Court of Protection (England and Wales). It is produced by a commercial law firm. It is not presented here as an endorsement of or recommendation for this firm. In the future the default position will be for public not private hearings.

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A brief Introduction to the Court of Protection (England and Wales)
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Certain situations are beyond the remit of family members and local professionals to resolve on their own. The law makes this very clear and courts are authorised to arbitrate and direct options in such circumstances.