The process of assessing a person’s mental capacity is often misunderstood by social care practitioners as they seek to apply the principles of the Mental Capacity Act 2005 (MCA) and the lessons from ...

Edward, your client of 15 years, comes into your office. Typically punctual, he’s half an hour late for this appointment. Edward explains that he got lost. He asks you to draft a codicil to his will.

A relationship with a client can change dramatically when the client starts showing signs of mental incapacity and the person with power of attorney wants to step in. Defining when your client has ...

Mental capacity issues are commonplace in California trust and probate litigation. Jonathan Canick, Ph.D., who spoke last year at the Sacramento Estate Planning Council on the subject of “Aging, ...

With the number of elderly people growing, solicitors can expect to address the issue of capacity in the elderly more often. Capacity also has to be seen in the context of Martin Masterman-Lister v ...