Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
A day in the life Of...
Read on

Capacity, decision making, and the interplay with alcohol and substance abuse

Date:5 DEC 2023
Third slide
Rachel Baker, 1 Crown Office Row
Anogika Souresh, 1 Crown Office Row


This article explores how alcoholism and drug addiction can affect capacity within the framework of the Mental Capacity Act 2005. It looks at executive and decisional capacity, and the court’s approach to assessing capacity in cases where alcohol- or drug-dependency are in issue.

The authors identify a number of potential issues when assessing capacity for those who are alcohol- or drug-dependent, and explore how a best interests decision and/or capacity assessment can most effectively be done in such circumstances. This is done through an exploration of the case law, and analysis into what that means on a practical level.

The core principles to be followed when assessing capacity, and their interplay with alcohol- or drug-dependency, are emphasised. 

The full article has published in the October issue of Family Law



Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482





Read the full article here.