Floyd Porter explains why the Law Society’s new mental capacity (welfare) accreditation scheme is an important step forward for the protection of the vulnerable and others involved in Court of Protection hearings.
Craig Ward looks at how to draft clauses in lasting powers of attorney, including the importance of clarifying client instructions, being aware of current case law, and drafting with a practical outlook
Issues around mental capacity aren’t limited to private client; they can arise in any practice area. But mental capacity solicitors can support the whole firm by training colleagues in other practice areas. Holly Miéville-Hawkins outlines a simple training plan
Would you recognise the signs if your client was being abused? Angela Johnson from the Office of the Public Guardian explains what to look out for, and what steps it takes once a solicitor has raised the alarm
Sheree Green discusses a number of recent mental capacity cases that signpost best practice and offer guidance for professional deputies
In September 2016, the Court of Protection initiated a new pilot involving the allocation of one of three case management pathways, aimed at improving the speed and consistency of cases. Katie Webber explains what has changed and, five months on, assesses its impact
Those in control of the finances of an incapacitated person may be an attorney by a registered power of attorney or a deputy under the Court of Protection. As such, the authority that they hold in terms of the payments that they are authorised to make differs. Melinda Giles set out the authority held by those with a deputyship.
Henrietta Mason considers recent developments in case law surrounding testamentary capacity, including the test for capacity, the burden of proof, the nature of understanding required, and mental disorders that might affect capacity