Mental capacity

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Deprivation of liberty safeguards: a practical guide30 Sep 2019
Financial abuse13 May 2022
Meeting the needs of vulnerable clients05 Jun 2020
Mental Capacity Act Directory17 Mar 2015
Mental capacity: international aspects07 Jul 2021
Quick reference guide to identifying a deprivation of liberty in the care home setting30 Sep 2019
Quick reference guide to identifying a deprivation of liberty in the home setting30 Sep 2019
Quick reference guide to identifying a deprivation of liberty in the hospital setting30 Sep 2019
Quick reference guide to identifying a deprivation of liberty in the psychiatric setting30 Sep 2019
Quick reference guide to identifying a deprivation of liberty in the supported living setting30 Sep 2019
Quick reference guide to identifying a deprivation of liberty under 18s30 Sep 2019
Working with clients who may lack mental capacity13 May 2022
Working with vulnerable clients case studies05 Jun 2020

Access and disclosure of an incapacitated person's will11 Dec 2019
Accredited legal representatives in the Court of Protection05 Dec 2019

Am I obliged to act as my client’s deputy?24 Mar 2021
What checks should I make before releasing a lasting power of attorney (LPA)?17 Nov 2021
What should I do if I have concerns about my client's capacity to make a will?21 Oct 2019
What should I do if a litigant in person loses capacity?01 Feb 2021
What should I do if my client loses capacity?10 Feb 2022

Mental Capacity (Amendment) Act 201902 Oct 2019
Review of the Mental Health Act 198320 Apr 2021

Investment by attorneys in discretionary management schemes clarified

News the Office of the Public Guardian (OPG) has agreed to change their guidance on the need to have express provision for the management of investments via a discretionary investment provider within a financial Lasting Power of Attorney (LPA) was today welcomed by the Law Society of England and Wales.

14 Mar 2022

Private client
Consultation response

The Mental Capacity Act: small payments scheme – Law Society response

We've responded to the Ministry of Justice consultation on proposed changes to the Mental Capacity Act. The changes would make it easier to access small funds belonging to a person who lacks mental capacity.

27 Jan 2022

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Private client
Press release

Remote witnessing of wills is a useful option but not a game-changer

Our survey on whether to extend remote witnessing of wills has found that only a small proportion of solicitors have chosen to use it for their clients.

02 Dec 2021

Private client
Press release

Lasting Power of Attorney modernisation must protect the most vulnerable

It’s time to modernise the process of obtaining lasting power of attorney (LPA), but only with sufficient safeguards in place for the most vulnerable, the Law Society of England and Wales warned as it responded to the LPA consultation.

13 Oct 2021