mental capacity

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It is considered that their legal situation corresponds to the total lack of mental capacity.
This had led to a huge increase in demand for specialist legal services surrounding mental capacity and conflict issues.
The best way to handle the issue of reduced mental capacity with older clients is to determine whether or not they have been involved in other transactions that would require mental capacity.
In the light of the above discussion about the effect of the Constitution, the Children's Act, the National Health Act and the common law, provided s/he is sufficiently mature and has the necessary mental capacity [1] (section 129(2)), a child aged 12 years or more may refuse to consent to life-saving treatment without consent from a parent, guardian or caregiver and without the assistance of a parent or guardian.
Since the introduction of the Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS) in the UK six years ago, professionals have worked with people with diminished mental capacity in entirely new ways, including in assessment, clinical care, and long-term disposition.
The decision whether to allow DE to have a vasectomy had to be made by a judge, as he does not have the mental capacity to make a decision on whether or not to undergo a vasectomy or to consent to this procedure.
If you find however that your father does not have sufficient mental capacity to make an LPA then this is where the Court of Protection could become involved.
The CQC recently published its third annual report on the use of the 'DoLS' safeguards in UK care homes and hospitals, relating to the period 2011/12, and called for care providers and commissioners of services for vulnerable adults to 'improve their understanding of the Mental Capacity Act and the safeguards.
Autonomy and the Sovereign Self: The Role of the Mental Capacity Threshold II.
Consequently, gift planners must recognize signs that a donor might lack the mental capacity to make a gift and to develop strategies for dealing with donors and their families if issues of capacity or undue influence ever arise.
On that date the matter was adjourned and yesterday prosecutor James Neary told the court that some of the information requested from North Wales Police, including that about the mental capacity of the woman, which was vital to the case, had still not been received.
Ellis Island doctors also paid attention to the ethnic characteristics when assessing mental capacity.