Mental capacity

Mental capacity guidance:

The common law presumption of capacity In the common law, every person is presumed to have mental capacity until the contrary is proved. Where a person has been proved or...

Practice Note

The role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental Health Act 1983 in the form of the 'Lord...

Practice Note

A lasting power of attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people (known as ‘attorneys’ or 'donees') to make...

Practice Note

FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019. This Act amends the Mental Capacity Act 2005, replacing the current...

Practice Note

A fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve contested factual issues in the proceedings. When is a fact-finding...

Practice Note

Produced in partnership with Alex Ruck Keene and Michelle Pratley both of 39 Essex Chambers. Produced in partnership with the Legal Action Group, publishers of the Court...

Practice Note

Note that this Practice Note addresses only English law. Following devolution there are now differences between the English and Welsh rules on many aspects of the...

Practice Note

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...

Practice Note

On 1 April 2007, sections 42 and 43 of the Mental Capacity Act 2005 (MCA 2005) came into force. Between them these sections brought into operation a Code of Practice to...

Practice Note

Solicitors must consider the mental capacity of their clients in everything they do. The consideration of such capacity will occur where: • there is a question as to...

Practice Note

Solicitors are not expected to be able to make a clinical diagnosis of a person's mental state but there are a number of tests and assessments that they need to...

Practice Note

Brexit impact The UK has voted to leave the EU and is due to leave on exit day, as defined in section 20 of the European Union (Withdrawal) Act 2018. Brexit will have no...

Practice Note

This Practice Note considers the concept of 'private' deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights (ECHR), involving...

Practice Note

Fees for applications to the Office of the Public Guardian The fees to be paid in respect of applications, etc to the Office of the Public Guardian derive from the Public...

Practice Note

Produced in partnership with Alex Ruck Keene and Michelle Pratley both of 39 Essex Chambers. Safeguarding issues frequently underpin or arise in welfare proceedings in...

Practice Note

FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019. This Act amends the Mental Capacity Act 2005, replacing the current...

Practice Note

The Public Guardian is a statutory office-holder and an appointee of the Lord Chancellor. The holder of the role of Public Guardian is also chief executive of the Office...

Practice Note