Mental capacity

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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 9th Nov
Precedents
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Produced in partnership with Peter Ware of Browne Jacobson 9th Nov
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Most recent Mental capacity content

Practice notes
This tracker is focused on social care and is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and...
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26th Nov
Practice notes
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...
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25th Nov
Practice notes
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...
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25th Nov
Practice notes
Solicitors must consider the mental capacity of their clients in everything they do. The consideration of such capacity will occur where:•there is a...
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20th Nov
Practice notes
This Practice Note covers two forms of court procedure that arise in deprivation of liberty cases:•applications that arise where the lawfulness of the...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 16th Nov
Practice notes
Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this Practice Note addresses how such issues...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 10th Nov
Practice notes
BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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9th Nov
Practice notes
BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 9th Nov
Practice notes
BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 9th Nov
Q&As
See Practice Note: Key issues in taking security from individuals and, in particular, the section titled ‘Security over personal chattels’ which...
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28th Sep
Q&As
The basis of any dutyWhere a local authority is required to give its consent to an assignment (as is usually the case), the authority may be...
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Produced in partnership with Alexander Campbell of Field Court Chambers 28th Sep
Q&As
In this Q&A, capacity is taken as meaning that under the Mental Capacity Act 2005 (MCA 2005). It is also assumed that the person lacking capacity is...
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Produced in partnership with Kevin Long of Hackney Law Centre 28th Sep
Q&As
The court will in certain circumstances judicially intervene whether by the exercise of the inherent jurisdiction of the High Court or the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Practice notes
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...
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26th Sep
Practice notes
Questions of capacity to marry, cohabit, have sexual relations and agree to the use of contraception are clearly highly sensitive and personal issues...
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26th Sep
Practice notes
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...
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26th Sep
Precedents
[insert name and address of GP][insert date]Dear Dr [insert name of GP][insert full name, address and date of birth of client]I have been consulted by...
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26th Sep

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