The following Private Client guidance note provides comprehensive and up to date legal information covering:
The Convention was not intended to address all capacity issues, only those concerned with the jurisdiction, applicable law, recognition and enforcement of ‘protective measures’ together with the form, acceptance and applicable law of ‘powers of representation’ granted by an adult. The Convention is an attempt to draw together all of the various approaches to mental capacity within the jurisdictions of the convention states with the interests of the adult and the preservation of dignity and autonomy being, quite rightly, primary considerations. In the United Kingdom, capacity is task-specific so a person may have the capacity to make a decision on a simple issue such as contracting for the supply of basic goods and services but may lack the capacity to make a decision on a more complex issue such as making a Will or settling property. In contrast, in other jurisdictions, if a person lacks capacity, they are regarded by the law of that jurisdiction as lacking capacity for all purposes. There is also the problem of differing standards in the standard and assessment of capacity.
The Convention has been ratified by Austria, the Czech Republic, Estonia, Finland, France, Germany, Latvia, Monaco, Portugal, Scotland and Switzerland. It has been signed but not yet ratified by Belgium, Cyprus, Greece, Ireland, Italy,
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.