Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles

Mental Capacity and Family Practitioners

Sep 29, 2018, 16:30 PM
Slug : mental-capacity-and-family-practitioners
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 1, 2007, 10:16 AM
Article ID : 85291

District Judge Gordon Ashton, Deputy Master of the Court of Protection, Visiting Professor in Law at Northumbria University. The Mental Capacity Act 2005 establishes a comprehensive statutory framework setting out how decisions should be made by, and on behalf of, those whose capacity to make their own decisions is in doubt. The implementation date has now been put back from April to October 2007 in view of the work still to be done. A Code of Practice and Court Rules have to be produced, administrative changes made in regard to the new Office of the Public Guardian and Court of Protection, and suitable judges nominated and trained. The Code of Practice will provide practical guidance to all involved in the process and must be followed by attorneys, deputies and care professionals. It will be updated as experience is gained and to reflect decisions of the Court of Protection.

The new Act is built around a series of key principles: the presumption of capacity; when someone can be said to lack capacity; and that decisions should be made by or in the best interests of that person and with due regard for their rights and freedom of action. The Act sets out the mechanics of the new jurisdiction and establishes a new statutory form of power of attorney, the lasting power of attorney, which will replace enduring powers of attorney and may relate to personal welfare decisions as well as financial management. Other areas covered include general powers of the Court of Protection, living wills and certain decisions which the Act does not permit to be made on behalf of persons who lack capacity. For a detailed commentary on the new Act and the modernised Court of Protection and a useful contemplation of how it might affect practitioners by way of some envisaged case studies see the full article in March [2007] Fam Law.

Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from