Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
13 February 2025
Capacity to manage property and financial affairs
An assessment to determine whether an individual has capacity to manage their property and financial affairs is required when an individual’s capacity is in doubt and they need to make decisions relating to their property and finances. For example, they may want to sell or purchase a property, need to manage an award of damages or need to manage their overall affairs.
28 November 2023
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.
17 May 2023
Is the law on predatory marriage going to change?
In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones.
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.
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.
