Mental Health Law

Mental Health Law

This is an area of law which is becoming more relevant every day. Thankfully we are now in a situation where people are very aware of the significance of mental wellbeing and now know the devastating impact mental ill health can have on the individual suffering, family members and

We can provide assistance in the following areas:

Detention Orders

In 2005 a new piece of legislation came into effect in Scotland completely revising the area of Mental Health Law. The Act created the current legal system which we have to deal with mental health. The Act created Mental Health Tribunals and our team of solicitors have worked within that sphere since the Tribunal system was initiated.

We can provide representation to individuals who become subject to restrictions, either in hospital or in the community, in terms of this legislation. We regularly assist individuals who find themselves subject to either Short Term Detention Orders or Compulsory Treatment Orders. We attend Mental Health Tribunals alongside individuals who wish to appeal Orders they are subject to or where they wish to seek a review of any Order. We regularly attend at various hospital to take instructions from individuals and also represent those individuals at Tribunals which take place throughout the country.

A member of our Mental Health Law team was responsible for assisting with the training of Local Authority Mental Health Officers when this Act came into force and has specialist knowledge in this field.

Adults with Incapacity

We all know that people are now surviving to a much older age and whilst that is wonderful it does mean that more and more families are now affected by elderly relatives being diagnosed with diseases such as Dementia and Alzheimer’s disease.

We can provide piece of mind to individuals who wish to plan for this possibility by assisting in the preparation of Power of Attorney documents. These are documents which are registered with the Office of the Public Guardian which provide necessary welfare and financial powers to a person of your choosing so that if the worst happens and you are deemed to lack capacity at some point in the future, you have selected the individual(s) you would wish to take decisions in your best interest.

Unfortunately, in situations where individuals are deemed to lack capacity and do not have a Power of Attorney document registered it is possible that a court application for a Guardianship Order will be necessary. Very often this is done by the Local Authority. In situations such as these we can assist family members to apply for a Welfare Guardianship having that family member appointed. We can also represent family members who wish to oppose any Guardianship Order being sought by another family member or by the Local Authority.

We have a vast knowledge and experience in this field and have initiated and defended numerous
court actions in this area.

At Basten Sneddon we can discuss different costs options with you in relation to our fees. We can identify whether or not you may be eligible for Legal Aid to assist with costs. If possible we may be able to offer a fixed fee option to give you peace of mind in terms of financial exposure.

If you are seeking advice on any aspect of mental health law call us on 01383 621144 Dunfermline, 01592 725130 Glenrothes or e mail us at