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 make a Will, a power of attorney or a gift, or to provide consent for something. Mental incapacity is the inability to do something or to provide consent for something by reason of a mental disorder or disability. Lack of mental capacity is not always constant; it may fluctuate. It will also vary according to the function that requires the decision or consent and, for this reason, mental capacity is referred to as being 'function specific'.
The legislation governing mental capacity in England and Wales in the Mental Capacity Act 2005 (MCA 2005). For an introduction to the subject of mental capacity and the provisions of MCA 2005 and the accompanying Code of Practice, see Practice Notes: Mental capacity—an introduction and Mental Capacity Act 2005—the Codes of Practice.
Mental capacity is an issue that must be to the forefront of a practitioner's mind in everything they do, particularly in respect of Wills whether that be in connection with...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
Law360, London: Prime Minister, Andy Burnham, has been urged to introduce a tax on 'extreme wealth' in the upcoming Autumn Budget 2026, a coalition...
Private Client analysis: The Court of Protection held that continuing clinically assisted nutrition and hydration (CANH) for TB, a 19-year-old man in...
This week’s edition of Private Client highlights includes: (1) the Family Division issues a limited grant to arrange cremation in accordance with the...
Tax analysis: In Cogefin, the First-tier Tax Tribunal (FTT) held that a Bermudian company was UK resident because its central management and control...
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some point
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
0330 161 1234