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Mental Capacity (Welfare)

The law around mental capacity can be confusing. Get legal support you can rely on.

If you, or someone who depends on you, need legal assistance for mental capacity issues, you will want someone you can trust and who knows the law on mental capacity to represent them.

Mental Capacity (Welfare) accredited practitioners are recognised for their expertise in mental capacity law and are able to offer advice on health and welfare matters on the Mental Capacity Act 2005.

An accredited practitioner will work closely with vulnerable individuals and their family to understand and protect the best interests of their client.

Why choose a member of the Law Society Mental Capacity (welfare) accreditation scheme?

The Law Society's Mental Capacity (welfare) accreditation is available only to solicitors, barristers or members of the Chartered Institute of Legal Executives, who offer advice on health and welfare matters under the Mental Capacity Act 2005.

To become accredited, they have to undergo a process which includes mandatory training and an assessment in front of a panel of experienced practitioners, to demonstrate that they have the required competency and knowledge in this specialist area of law.

In particular, they must:

  1. be aware of the relevant laws relating to mental capacity and especially the Mental Capacity Act 2005,
  2. have the sensitivity to understand the needs of a vulnerable client as a consequence of their mental capacity,
  3. have the ability to represent clients effectively before the Court of Protection,
  4. show commitment to representing the best interests of clients with issues in regard to mental capacity,
  5. show continued compliance through re-accreditation every three years and ongoing checks by the Law Society.

Making a complaint

Should you ever wish to complain about your solicitor, the solicitor will give you details about their complaints procedure. If you want to complain about your solicitor you must use this procedure first. If you are still not happy when you have done that, you can contact the Legal Ombudsman on 0300 555 0333 or at www.legalombudsman.org.uk. The Legal Ombudsman handles complaints about solicitors.

If you have a complaint about a member of a Law Society accreditation scheme, please email us or call 0207 316 5550.

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