Court Of Protection articles
Mental capacity is a very important legal concept, especially when it comes to making a decision about whether or not a power of attorney can be used to make a decision on someone else’s behalf. But what is mental capacity, how is it determined, and can you have mental capacity in some areas but not others?
One of the roles of the Court of Protection is to consider cases where decisions need to be made on behalf of individuals who do not have the mental capacity to do so themselves. The types of decisions the…
The Court of Protection handles decisions on financial and welfare matters for individuals who are not considered legally capable of making those decisions for themselves. One of the most common types…
The question of mental capacity comes up a lot in relation to elderly people. This is often a particular concern when individuals have started to show symptoms of a condition such as dementia or…
We look at a rare case in which a Deputy sought approval to DNA test the person they were protecting, in order to avoid possible inheritance disputes in future
Deputies make decisions for a person who has lost the mental capacity to decide for themselves, but can a Deputy make gifts using that person’s assets?
Find out what action you can take when you believe an Attorney or Deputy is abusing their power under a Lasting Power of Attorney or Deputyship Order
Mental capacity – the ability to legally make decisions for ourselves – is a concept which easily leads to difficult issues. It contains elements of legal theory, ethics, practicality, and human rights, and with such a mixture lies the potential for profoundly challenging questions. One of these dilemmas was recently considered by the Court of …
Can a Court Overrule ‘Unwise’ Decisions Made by Someone with Mental Capacity? Read More »
This is a very common myth, which it is easy to believe when you look at how the UK’s elderly population is portrayed in the media. However, it is wholly untrue, which is good news for us all! At present, the UK has around 11.8 million people over 65. Of these, less than 4% are …
Myth-busters #12: Everyone ends up in a Care Home when they get old Read More »
In many cases, a diagnosis of Dementia does not prevent someone from making or updating their Will, or putting Lasting Powers of Attorney (LPAs) in place. In fact, in our experience, receiving a diagnosis like this, tends to be the nudge that people need to put their affairs in order. Whether or not you can …
