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Preserve it and save: how conditional exemption can protect your heritage... and your wallet
Charles Richardson
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CoP Talks: Empowering minds, protecting lives - Introduction to capacity and CoP (Part 1)
CoP Talks: Empowering minds, protecting lives - FAQ’s - What are LPAs? (Part 2)
CoP Talks: Empowering minds, protecting lives - Health and Welfare Deputyships (Part 3)
CoP Talks: Empowering minds, protecting lives - Can a person who lacks capacity get married? (Part 4)
CoP Talks: Empowering minds, protecting lives - When does a Deputy need CoP approval for legal work? (Part 5)
CoP Talks: Empowering minds, protecting lives - What is a Statutory Will? (Part 6)
CoP Talks: Empowering minds, protecting lives - Can an attorney/deputy make gifts? (Part 7)
CoP Talks: Empowering minds, protecting lives - How can a Professional Deputy assist after a Personal Injury? (Part 8)
CoP Talks: Empowering minds, protecting lives - How does a Professional Deputy manage a client’s affairs? (Part 9)
In this podcast episode, we explore the issue of marriage capacity for individuals diagnosed with dementia or other conditions that may affect mental capacity.
Key topics include:
- The legal principles around mental capacity under the Mental Capacity Act 2005, including the presumption of capacity unless proven otherwise.
- The specific legal test for capacity to marry, which requires only a "rudimentary understanding" of the marriage duties and reasonably foreseeable consequences.
- There are existing protections in place, such as the criminal offense of forcing someone to marry without capacity, and the role of registrars in assessing capacity.
- Concerns that current guidance and practices may not go far enough to protect vulnerable adults from marrying without full understanding.
- What family members can do if they have concerns about a relative's capacity to consent to marriage, including filing an objection.
- The ability for someone lacking capacity to still divorce, with the court appointing a "litigation friend" to represent their interests.
Whether you're supporting a loved one with dementia, work in health/social care, or have a general interest in mental capacity issues, this podcast provides important insights into this sensitive area of the law. Tune in to learn more about the rights and protections available.
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