Private Client Section

Mental Capacity

man walking on arrows

Cutting a pathway

14 February 2017By

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

Melinda Giles

Back to Basics: Authorised payments for CoP deputiesSubscription

15 November 2016By

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

The acid testSubscription

15 November 2016By

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

Helen Clarke

Mental notesSubscription

23 September 2016By

Helen Clarke reviews two new titles on the assessment of mental capacity

Private Client Section annual conference 2016: WorkshopsSubscription

20 September 2016

At the Private Client Section annual conference 2016, delegates could choose from six workshops, covering the Inheritance Act; asset protection and the pitfalls of co-ownership; digital assets; pensions; elderly client issues; and succession planning for business clients

gary rycroft

Forum for debateSubscription

21 July 2016By

In May 2016, the Law Society and Private Client Section hosted a roundtable discussion on the Mental Capacity Act 2005, to support the recently formed National Mental Capacity Forum. Gary Rycroft reports back on the day’s talking points

hand writing capacity

Year of decisionSubscription

21 July 2016By ,

Anna Bicarregui and Alex Ruck Keene review the most important cases of the past year relating to the assessment of mental capacity, and to the consequences of being found to lack capacity both inside the Court of Protection and at common law

constance mcdonnell 84x84

Willing and able?Subscription

19 May 2016By

Constance McDonnell looks at the complexities of assessing testamentary capacity remotely, including in online will-making, and whether solicitors should proceed with an instruction if there is uncertainty as to capacity

All Features and Opinion

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