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Lasting powers of attorney (LPAs) were created by the Mental Capacity Act 2005 (MCA 2005) and, apart from the fact that the donor must be over the age of 18, the single most important criterion for creating an LPA is that they must not lack mental capacity. The provisions of MCA 2005 and the supplemental Code of Practice must be observed, unlike previously with enduring powers of attorney (EPAs) created under the Enduring Powers of Attorney Act 1985, which relied on the common law test of capacity.
Since 1 April 2007, MCA 2005 has provided a new test for capacity and this should be the starting point in determining a person's capacity to create an LPA. MCA 2005 does not affect or overrule the common law rules of capacity and the Act is intended to codify rather than replace the existing common law. MCA 2005, s 1(2) establishes that all persons over the age of 16 are presumed to be capable of making their own decisions, and this presumption may only be overridden if it is established that a person lacks capacity to make a particular decision at the material time. The definition of capacity in MCA 2005, s 2(1) is prefaced by the words 'for the purposes of this Act', so pre-MCA 2005 authorities remain relevant and
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Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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