The Future of Mental Capacity Law in 2026, What Clients Need to Know

Mental capacity law continues to evolve in 2026 with important updates that individuals, families and professionals need to understand. The Liberty Protection Safeguards (LPS), introduced to replace Deprivation of Liberty Safeguards (DoLS), remain a key focus for care providers and advocates. The aim of LPS is to streamline processes and provide greater consistency when determining whether a person lacks capacity and what restrictions are in their best interests.

One significant change this year is increased clarity around statutory timescales and assessment responsibilities. Local authorities and health partners are now expected to work more collaboratively to deliver assessments and reviews. In practice this means fewer delays and better outcomes for people who need support to live safely, with dignity and respect.

For families working with deputies or attorneys, another key development in 2026 relates to reporting duties to the Office of the Public Guardian (OPG). The OPG has updated guidance on annual accounts and monitoring, emphasising proactive communication. This change is designed to reduce disputes and ensure financial decisions truly reflect the person’s best interests.

Despite reforms, common misconceptions remain. Many still believe capacity is fixed or that family can automatically make decisions. In fact capacity is both decision specific and time specific. A person may have capacity for one decision and lack it for another. Clear assessments, evidence based support plans and timely legal advice are essential.

At AH Solicitors we help clients and their families navigate these changes with confidence. Our expertise in Court of Protection, deputieships and LPS means you receive clear guidance on rights and responsibilities. If you have questions about an assessment, ongoing support or dispute resolution, our team can help you understand the law and protect your interests in 2026 and beyond.