Mental capacity

View Local Government by content type:

Latest Local Government News

Featured Local Government content

Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
Read More >
Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
Practice notes
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
Read More >
Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
Read More >
Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan
Practice notes
The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
Read More >
Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Practice notes
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
Read More >
9th Nov
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
Read More >
Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
Read More >
9th Nov
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
Read More >
Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Practice notes
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
Read More >
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
Read More >
9th Nov
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
Read More >
9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
Read More >
9th Nov
Practice notes
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
Read More >
Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan
Precedents
[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...
Read More >
Produced in partnership with Peter Ware of Browne Jacobson 12th Jan
Practice notes
Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...
Read More >
Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 12th Jan

Most recent Mental capacity content

Practice notes
Mental capacityAn individual lacks capacity in relation to a matter if they have an impairment of or a disturbance in the functioning of the mind or...
Read More >
Produced in partnership with Rebecca Sharp of RJR Legal Ltd 9th Apr
Practice notes
FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 (MC(A)A 2019) received Royal Assent on 16 May 2019. MC(A)A 2019 amends the Mental...
Read More >
Produced in partnership with Tim Spencer-Lane 9th Apr
Practice notes
The Practice Note contains a general overview of what a lasting power of attorney (LPA) for property and financial affairs is and how this is relevant...
Read More >
Produced in partnership with Rebecca Sharp of RJR Legal Ltd 9th Apr
Practice notes
Note that this Practice Note addresses only English law. Following devolution there are now differences between the English and Welsh rules on many...
Read More >
9th Apr
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...
Read More >
9th Apr
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...
Read More >
9th Apr
Practice notes
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...
Read More >
9th Apr
Practice notes
Fees for applications to the Office of the Public GuardianThe fees to be paid in respect of applications, etc to the Office of the Public Guardian...
Read More >
9th Apr
Practice notes
IntroductionThe powers of the Court of Protection (the court) are set out in the Mental Capacity Act 2005 (MCA 2005) and the implementation of these...
Read More >
9th Apr
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...
Read More >
Produced in partnership with Alex Ruck Keene and Michelle Pratley of 39 Essex Chambers 9th Apr
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...
Read More >
9th Apr
Practice notes
Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this Practice Note addresses how such issues...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 9th Apr
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...
Read More >
7th Apr
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...
Read More >
15th Mar
Practice notes
Note that this Practice Note does not address specific practice alterations caused by the coronavirus (COVID-19) pandemic. These are addressed in this...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 15th Mar
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...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 15th Mar
Practice notes
The issues for determination in the welfare jurisdiction of the Court of Protection are often deeply personal and almost always involve the exercise...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 15th Mar
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...
Read More >
15th Mar
Practice notes
Presumption of capacity for adultsSection 1(2) of the Mental Capacity Act 2005 (MCA 2005) creates a presumption of capacity for adults. In the absence...
Read More >
Produced in partnership with Rebecca Sharp of RJR Legal Ltd 25th Feb
Practice notes
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...
Read More >
25th Feb

Popular documents