When confronted with issues concerning residential accommodation, the practitioner is most likely to be dealing with one or both of the need for admittance to and the...
There are a number of benefits that older people can claim that carry a financial eligibility requirement. In practice this means that if their capital and/or income are...
Lasting powers of attorney Lasting powers of attorney (LPAs) were created by the Mental Capacity Act 2005 (MCA 2005) and, apart from the fact that the donor must be over...
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them litigating. If there is no...
This Practice Note considers the approach taken by the family courts in relation to issues of capacity and how capacity may be assessed including expert evidence. In the...
Mental capacity is the ability to perform a specific juristic act by understanding and making a decision to do something that has legal consequences such as to make a...
In order to make a valid Will, the testator must satisfy a capacity test on two separate occasions: • when they give instructions for the drafting of the...
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...
Note: This Practice Note must be read in the light of the implementation of the Care Act 2014 on 1 April 2015. Substantial repeals to legislation have been made with...
Community care assessments are conducted by the local authority (LA) where someone aged 18 years or older is ordinarily resident. LAs have a duty to assess individuals...
Solicitors are not generally involved in the actual determination of where a client should invest—that is best left to an independent financial adviser. However, clients...
Within any department of a firm there has to be an awareness of the duties of the legal adviser. However, there is a greater need to be aware of those duties when dealing...
An oft-posed question by elderly clients is how to dispose of their house to relatives, either permanently or so that they no longer own it but can remain living there....
Note that this Practice Note reflects the law as stated at 30 June 2016. Lawyers acting in the field of elderly client law need to be able to take advice...
With an increasing move towards elderly client specialists and practices it is important to note the rules under which they must conduct their business. While all...
When an assessment concludes that an adult requires residential accommodation they have the choice, depending on their personal finance situation, between private and...