Private Client analysis: The UK's adult social care sector stands at a critical juncture, grappling with financial strains, workforce challenges, and systemic inefficiencies. For legal professionals advising clients in the healthcare and social care industries, understanding these multifaceted issues is essential.
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Capacity to make gifts, settle property and contractMental capacity is the ability to perform a specific juristic act by understanding and making a decision to do something that has legal consequences such as to make a Will, a power of attorney or a gift or to provide consent for something. Lack of
Mental capacity—an introductionSolicitors must consider the mental capacity of their clients in everything they do. The consideration of such capacity will occur where:•there is a question as to whether a person lacks the ability to make a decision, which can range from getting married to accepting
Letter to GP requesting assessment of capacity to make a Will[insert name and address of GP][insert date]Dear Dr [insert name of GP][insert full name, address and date of birth of client]I have been consulted by [insert name] who I understand to be your patient. [He OR She] has requested that
If a residential tenant lacks mental capacity, how should a landlord serve a valid notice to quit or notice seeking possession on that tenant?Under section 1 of the Mental Capacity Act 2005 (MCA 2005) there is a presumption that a person has capacity unless proved otherwise. The test as set out in
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