Case Law

Assessing capacity: LBX v K, L & M [2013]

description_of_image_used_in_assessing_capacity_lbx_2013_case_law_woman_drawing_photoalto_rex_shutterstock Photo: PhotoAlto/REX/Shutterstock

Introduction

By Erica Carleton, barrister, 15 Winckley Square, Preston Under the Mental Capacity Act 2005 a person is assumed to have capacity unless it is established that he or she lacks it. The starting point is always that a person has the capacity to make a particular decision for themselves. A person is not to be […]

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