header-logo header-logo

Doc brief

06 November 2008
Issue: 7344 / Categories: Features , Public , Mental health
printer mail-detail

B Mahendra explores issues of responsibility, risk and capacity

The advent of the Mental Capacity Act 2005 (MCA 2005) means professionals of all kinds—not simply lawyers—are now conscious of the importance of bearing in mind issues of capacity whenever dealing with clients and patients, and making arrangements to determine the same if there is any doubt. Capacity, to put it at its simplest, concerns an understanding of the relevant issues and being able to come to a proper decision on the relevant matters.

The decision made needs only to be valid and it does not matter if it is eccentric, bizarre or capricious. An important issue that can arise is not capacity per se but the possible interaction between capacity and undue influence.

This phenomenon may not arise when it comes to dealing with professionals such as a lawyer in relation to litigation or a doctor when it comes to decision making in relation to whether to accept or refuse medical treatment, but assumes importance where transactions such as disposal of estates and property, where decision

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll