Capacity

18 December 2014

Buying and adapting a property for someone lacking mental capacity

Buying or selling a property is the most stressful aspect of modern life, worse than divorce, redundancy or bereavement, according to a recent poll. The process is even more complicated when buying a home for someone who lacks mental capacity.  

6 May 2014

Recent disputed Will cases on the grounds of lacking capacity

A Will made by someone who lacks mental capacity is not valid.  Just because someone is elderly or suffering from a mental illness does not automatically mean that they lack capacity to make a Will.

10 April 2014

The Mental Capacity Act – reflections and recommendations 7 years on

The Mental Capacity Act (2005) (MCA) came into force in 2007. It is a forward thinking piece of legislation that looked to empower as far as possible people who lack mental capacity. On 13 March 2014, the House of Lords Committee published a report detailing its post-legislative scrutiny of the MCA and recommendations. 

Sameena Munir

3 April 2014

Mental capacity case - Will of woman suffering from dementia declared invalid

In the case of Catling and others v Catling and another ([2014] EWHC 180 (Ch)), a Will was declared invalid because the testatrix had not had mental capacity when she made it.

Joseph Austin TEP

28 March 2014

Update on cases from the Court of Protection

A brief summary of recent cases in the Court of Protection;

  • Court of Protection allows woman suffering from dementia to return home
  • Attorney removed by Court for abusing his power
Simon Hardy

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