Capacity

10 September 2021

Trans people who lack mental capacity – How are decisions relating to transitioning made?

Trans adults with full decision-making capacity have the freedom to secure hormonal and surgical interventions to align their bodies with the physical attributes typical of the gender with which they identify (a process known as “transitioning”). However, for those who lack capacity, the involvement of others who are responsible for making decisions on their behalf is required, and the position can be complex as a result. This blog explores the approach to making decisions relating to transitioning on behalf of protected trans people, applying the best interests test and guidance from case law, and discussing the practicalities for decision-makers.

Liam Hurren

2 March 2020

Capacity and undue influence: protecting individuals who lack capacity to make their own decisions

The Mental Capacity Act 2005 is designed to protect and empower individuals who may lack the capacity to make their own decisions, whether those decisions relate to their legal affairs, care or something else.  
 

 

Anita Gill

26 February 2020

If my mother moves into a care home, does she have to sell her house to fund her care if I’ve lived with her my whole life?

The question of how care for a parent is funded can be a pressing one that has the potential to cause stress and concern. 

Anita Gill

15 August 2019

Making gifts for tax planning purposes on behalf of someone lacking capacity

A recent ruling by the Court of Protection means that someone acting as a deputy for a person lacking capacity will in future be able to make gifts on their behalf for tax purposes, even if the person had not engaged in tax planning before losing capacity.

Sameena Munir

7 June 2019

Deputyships - Why won’t certain companies speak with me?

When you are appointed as a deputy by the Court of Protection, you will encounter a number of problems in managing the property and affairs of the person who lacks mental capacity. A common struggle is the difficulty of liaising with employees of regulated institutions.

Sameena Munir

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