Capacity

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

31 July 2018

Life sustaining treatment: the importance of a Lasting Power of Attorney

On 29th July 2018, the Supreme Court ruled that families and doctors can agree to end the life sustaining care of patients in a persistent vegetative state without Court permission.

Stephanie Mooney

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