Mental Capacity

Recent Features and Opinion

Two people exchanging a document

Are you being served?


Victoria Newey explains the sometimes confusing process of serving respondents in the Court of Protection when making property and affairs applications

Open hand offering gift

The estate we’re in

2020-11-17T00:00:00+00:00By ,

Holly Miéville-Hawkins investigates the Court of Protection’s approach to estate and inheritance tax planning, and analyses some recent case law

Fiona Heald

Unilateral thinking


Fiona Heald considers how to deal with severances if a co-owner of property loses capacity


Report back


Sophie O’Connell considers what makes a good mental capacity assessment report, and the things to look out for from your assessor

Gary Rycroft

It’s good to talk


In light of coronavirus (COVID-19), death and dying are at the front of many people’s minds. Gary Rycroft argues that speaking with clients about advance care planning is more important than ever


Asset managers


Virtually all of us have digital assets – email and social media accounts, photos in the cloud – but it remains unclear what happens to them once we lose capacity. Angharad Lynn explains how you can advise clients, and the options available for attorneys and deputies

Communities - four people interacting

Removal service


There are many reasons why a change in attorney or deputy may be in P’s best interests, but what can you do if they resist? Holly Miéville-Hawkins explains how to remove an attorney or deputy against their will


Handle with care


Sophie O’Connell looks at the impact of new coronavirus legislation on the care duties of local authorities

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