Mental Capacity Assessments and Procedural Fairness

Mental Capacity Assessments and Procedural Fairness

Mental capacity assessments often sit at the centre of legally sensitive decisions. They are relied upon by solicitors, deputies, local authorities, and the Court of Protection to evidence that a process has been lawful, proportionate, and fair. When assessments are poorly evidenced or procedurally weak, they are vulnerable to challenge. This can delay proceedings, increase … Read more

How Professionals Check Someone Understands Their Will

How Professionals Check Someone Understands Their Will

When a will is made, it’s about respecting a person’s choices at what is often a tender moment in their life. In England and Wales, the law requires the person signing a will to have “testamentary capacity“, which simply means they understand what they are doing and what it means. For families, that legal phrase … Read more