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Legal
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Mental Capacity Act – What does it all mean?
With the introduction of the new Mental Capacity Act (2005) which came into force fully on October 1st 2007, do social and public healthcare professionals have to re-examine the
way they assess the capacity of their patients?

Why do we need the new Act?
The Mental Capacity Act affects the way carers can make decisions on behalf of people they are responsible for. The new law provides a legal framework that puts individuals at
the centre of the decision making process whilst providing an official set of guidelines for carers to follow. With up to 6 million informal carers in the UK and 2 million people lacking
the capacity to make decisions due to the likes of dementia, learning disabilities and strokes, the motivation behind the decision to implement the Act is clear.

Patricia Hawkins, associate solicitor in Irwin Mitchell’s Court of Protection team said,
“The law has been introduced to ensure that decisions are not taken on someone’s behalf
unless it has been proven that they lack the capability to make their own decisions and
even then it must be in the patient’s best interest.”

For further information....

Child Brain Injury Legal Group
0800 587 2243

No obligation legal advice and support

The arrangement between BIBIC and the Legal Group is operated in accordance with the Solicitors Introduction and Referral Code 1990. It should be made clear that those needing legal advice are totally at liberty to choose another solicitor to advise them in relation to their case and a suitable solicitor may be identified by contacting the Law Society.

Finding the right solicitor is very important. Firstly, the solicitor should specialise in personal injury and/or clinical negligence, and secondly, the solicitor should be able to demonstrate experience of working specifically with children with an acquired brain injury.

For many years, CBIT has been unable to recommend specific law firms for legal support, whilst very aware that in offering support, we have made the task of finding a specialised legal expert so much more difficult for families. We understand how important it is that quality information is available at the right time. Whilst not all families will need legal representation or choose to pursue this route, those that do need to have the very best possible legal advice.

By clicking on the link above entitled 'Finding a solicitor', you will see that CBIT is able to provide a number of suggestions as to how legal support can be obtained, as well as being able to introduce the services of the Child Brain Injury Legal Group.

This section also provides you with information on making a claim for compensation and the costs involved.