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1. The Presumption of Capacity
A person is considered to lack capacity if they cannot:
2. Decision-Making Representative
It provides families with clear legal authority to:
Step 2: Speak With Your Loved One
Step 3: Seek Medical Assessment
Step 4: Check for Existing Arrangements
Step 5: Court Application (If Necessary)
This is often required where:
Support Scheme applications
6. Decision-Making Representative obligations

You and I have memories…
atest press release from James Burke of Amorys Solicitors, issued on
Saturday, April 18th 2026…
These situations can arise when a person is living with dementia, Alzheimer’s disease, an acquired brain injury, intellectual disability, mental illness, or age-related cognitive decline.

3. What Should You Do If You’re Concerned About a Loved One?
These documents will significantly affect the next steps.

The DMR should ensure that investments are made in line with appropriate professional advice, reflect the relevant person’s will and preferences (insofar as is possible) and are taken in good faith for their benefit in accordance with the guiding principles.