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MENTAL CAPACITY ACT 2005: A balancing act

14 September 2017  

Iain Managhan examines recent case law on the capacity test to revoke a lasting power of attorney

The recent decision by District Judge Glentworth in the case of SAD v SED [2017] is an important one; it is the first reported case to consider the issue of capacity when revoking a lasting power of attorney (LPA) since the introduction of the Mental Capacity Act 2005 (MCA). The case involved an application brought by two attorneys who were appointed under a property and financial affairs LPA by their mother who had suffered with bipolar disorder for a number of years.

Additional Info

  • Case(s) Referenced:

    Re M (Statutory Will) [2009] WTLR 1791

    Re S (1997) unreported, EWCOP, Master Lush, 13 March

    SAD & anor v SED [2017] EWCOP 3

    Wye Valley NHS Trust v Mr B [2015] EWCOP 60