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The Mental Capacity Act and Power of Attorney

The Act introduces a new form of lasting power of attorney which allows people over the age of 18 to formally appoint one or more people to look after their health, welfare and finances or property if at some time in the future they lack capacity to make those decisions.

Help with Tenancy Agreements

For a person who wants to be a tenant and enter into a tenancy agreement, he or she must have the capacity to understand the contract.

The essential requirement for understanding is the occupation of your own accommodation, the payment of rent and looking after the home.

The Mental Capacity Act states that a person should be considered capable unless proved otherwise.

In order to make a decision about whether a person has capacity to understand, sign and terminate tenancy agreements a capacity assessment will need to be undertaken by the Independent Futures Team.

Further information is available on the Gov.UK website.

Independent Mental Capacity Advocates (IMCAs)

These are a statutory safeguard for people who lack capacity to make some important decisions. This includes decisions about where the person lives and serious medical treatment when the person does not have family or friends who can represent them.

Further information about IMCA is available from Asist.

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