Legal owners lacking mental capacity to deal with land
Produced in partnership with Rebecca Sharp of RJR Legal Ltd
Legal owners lacking mental capacity to deal with land

The following Local Government guidance note Produced in partnership with Rebecca Sharp of RJR Legal Ltd provides comprehensive and up to date legal information covering:

  • Legal owners lacking mental capacity to deal with land
  • Mental capacity
  • When a practitioner may be involved with property
  • Practicalities when dealing with property
  • If an individual does not have an appointed person or if that person fails to co-operate with the local authority what options are then available to the practitioner?
  • Where a property is co-owned
  • Practical examples

Mental capacity

An individual lacks capacity in relation to a matter if they have an impairment of or a disturbance in the functioning of the mind or brain and the effect of this is that the individual is unable to make a specific decision at the time the decision is to be made. See Practice Note: Mental capacity—an introduction.

An individual is unable to make a decision for themselves in relation to a specific matter if, with appropriate assistance, they are unable to understand the information relevant to that decision, retain that information, use or weigh that information as part of the process and communicate that decision

The Mental Capacity Act 2005 (MCA 2005) provides that an individual should not be treated as unable to make a decision if they can only retain that information for a short period of time. If they can make the decision in that moment, even if they go on to forget, then they should be treated as able to make that decision.

The MCA 2005 also provides that an individual should be given every opportunity to make that decision for themselves which will include taking any necessary practical steps to assist them. This could include explaining the facts to them in a different way, choosing a place where they are most comfortable or even a particular