Home, Capacity & the Law - Making Difficult Residence Decisions

Introduction

Decisions about where a person lives are among the most sensitive and consequential issues in capacity law, because a home is far more than just a place to live.

Under the Mental Capacity Act 2005, assessing capacity to make residence decisions and determining best interests when capacity is lacking requires careful legal and practical consideration. These decisions often involve complex emotional factors, as well as significant implications for the individual, their friends and their family. Lawyers may also need to engage with assessments made by health and social care professionals, whether acting as attorneys under a Lasting Power of Attorney or as court-appointed deputies.

This new virtual classroom seminar will guide you through the legal framework governing residence decisions under the Mental Capacity Act 2005. You will gain a clearer understanding of capacity assessments, best interests determinations and the relevant Code of Practice and case law, equipping you to challenge or defend decisions where necessary and ensure that the individual’s rights and welfare remain central.

Designed for private client practitioners, local authority and NHS lawyers and advisers working with older or disabled individuals and their families, this session will give you the confidence to navigate residence decisions lawfully and effectively in practice.

What You Will Learn

The session will cover the following:

• How to approach the capacity assessment for residence decisions
• The relevant information for residence decisions
• Overlaps between residence, care and tenancy
• When to apply to the court
• Residence and deprivation of liberty
• Best interests, resources and available options
• An outline of the key case law on best interests
• Dispute resolution for residency issues

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.