header-logo header-logo

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

Doc brief

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll