This publication supports Doctors, lawyers and other professionals who may need to assess a person’s mental capacity, for example to make a will or a Lasting Power of Attorney or to make other key decisions for themselves.

At Anthony Collins Solicitos, we work alongside men and women who, for a number of different reasons, may struggle to make certain decisions for themselves. We recognise that a diagnosis such as dementia or the onset of a mental illness can cause great stress and anxiety, and lead to a fear of loss of independence or control over their own life.

Mental capacity is the ability to make decisions for yourself. People who cannot make their own decisions are said to 'lack capacity’, whether their difficulty is due to an injury, a learning disability, mental health problem or a condition such as dementia that may affect the way a person's brain makes decisions.

A person may have the capacity to make some decisions but not others.

With appropriate support and advice, at Anthony Collins Solicitors we know that individuals with impaired or fluctuating capacity may nevertheless still be able to make important decisions for themselves, to prepare for an uncertain future.

A client may not have the necessary mental capacity to manage their own complex financial affairs, and yet they may have the capacity to appoint individuals they trust to manage their finances on their behalf, by making a Lasting Power of Attorney.

Sheree Green was delighted to be invited to share her expertise in this area by contributing to the updating of two key chapters to this new handbook; “Capacity to deal with financial affairs” and “Practical guidelines for lawyers”.

For more information

If you or a family member are considering making a Lasting Power of Attorney, please contact Sheree Green or another member of our specialist mental capacity team on 0121 212 7404.

Is £400m enough?
Is £400m enough?

The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.

The problems with co-owned properties and attorneys
The problems with co-owned properties and attorneys

Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.

What's mine is (not) yours!
What's mine is (not) yours!

A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.

How to avoid the PET trap
How to avoid the PET trap

When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.

Fictitious divorces
Fictitious divorces

Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.