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.

An ageing population with litigious children makes proving legal capacity essential. The question of when to have capacity formally assessed frequently arises in legal practice. There is a common law ...

Doctors are increasingly being asked to make assessments of their patients' mental capacity to create a legal document such as a Will or Lasting Power of Attorney, but you do have the right to refuse ...

Despite guidance from the FSA, confusion still reigns over risk assessment and capacity for loss. Make sure you’re on the right track with our guide on how to make an assessment. 1. Beware of the ...

Health care providers are increasingly screening low-income patients for social needs and making referrals to social services agencies to assist in resolving them. A major assumption of this approach ...

A term that is often misunderstood, in the context of the Mental Capacity Act 2005, is ‘material time’, which is used at section 2(1) of the MCA: "For the purposes of this Act, a person lacks capacity ...

As clients age, the likelihood that they’ll face physical and mental health problems rises. As a result, clients’ families may start to wonder whether capacity will become an issue. They may ask you ...