Practice Guidance

Case law and the process of assessing mental capacity

description_of_image_used_in_assessing_capacity_guide_capacity_jigsaw Photo: tashatuvango/Fotolia

Introduction

Learning points Advice on how to start from the presumption of capacity. Tips on preparing for an assessment. Advice on distinguishing the fine line between unwise and incapacitous decisions. Please note This guide is based on case law as it stood at the time of writing and is not to be taken as legal advice. […]

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