During this
bite-size webinar viewers with receive a brief overview of the key aspects of
the Mental Capacity Act (MCA) 2005, including the statutory presumption of
capacity enshrined in Section 1 and that when a decision is made on behalf of a
person who lacks capacity that this must be done in their best interests.
Consideration
will be given to Section 2(1) which stipulates that a person lacks capacity in
relation to a matter if, at the material time, he is unable to make a decision
because of an impairment of, or a disturbance in the functioning of, the mind
or brain and Section 2(2) which clarifies that it is immaterial whether the
impairment or disturbance is permanent or temporary.
Private client
practitioner and lecturer John Thurston will discuss how the balance of
probabilities is utilised when determining capacity and will examine how the
test for capacity is applied in practice by reviewing recent cases.
This session
will consider the following:
·
Capacity
to Make Gifts
o
Joyce
Smith deceased, Kicks and Martin v. Leigh [2014] EWHC 3926 (Ch)
·
Capacity to make a will
o
Special Trustees for Great Ormond Street Hospital for
Children v. Rushin; sub nom Morris, in the estate of Morris deceased [2001]
WTLR 1137
o
Scammell v. Farmer [2008] EWHC 1100 (Ch)
o
Walker and anr v. Badmin and ors [2015] WTLR
493
·
Capacity of donor to grant an enduring power
o
Re K; Re F [1988] 1 All ER 358
o
Re W [2000] 1 All ER 175
o ABC v.
XZ [2013] WTLR 187
o
Masterman-Lister v. Brutton
& ors [2003] 1 WLR 1511