Section 1(3) of the Mental Capacity Act states: ‘A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without
In Section 1(2) of the Mental Capacity Act (MCA) it states the following: “A person must be assumed to have capacity unless it is established that he lacks capacity”. This principle therefore focuses on supporting
As practitioners in the Will writing space, you will all be familiar with certain caselaw, such as Banks v Goodfellow. However, what some may not realise is that the 5 principles of the Mental Capacity
Our lives have been under a great deal of pressure over the last few years. With dealing with the impact of Covid at home and within our workplaces, to inflationary pressures and severe energy costs,