Capacity

Capacity guidance:

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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 Will or at the...

Practice Note

Questions of capacity to marry, cohabit, have sexual relations and agree to the use of contraception are clearly highly sensitive and personal issues in which...

Practice Note

I [insert name] of [insert address] born on [insert date of birth] Authorise: • my solicitor [insert name] of [insert address] to disclose to my doctor [insert name] of...

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 the above named...

Precedents

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
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