Mental Capacity Act 2005

Mental capacity: A history of local authority interventions

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Denzil Lush sheds light on the origins of local authority involvement in mental incapacity proceedings Commissioner Murray was wrong in believing that Cohen’s was the first case of its kind. An almost identical petition had been filed 30 years earlier in 1811, in the matter of Ann Pettman. The primary purpose of this article is …

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Fertility treatment: Preparing for the worst

Natalie Sutherland looks at posthumous conception and issues of consent and legal parenthood Many of the cases dealing with posthumous conception find loved ones seeking access to the deceased’s gametes where it may not be clear to the court whether creating posthumous children is what the deceased would have wanted. It is tragic when a …

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Testamentary capacity: Goodfellow for our times

Lucinda Brown and Judith Swinhoe-Standen consider delusions and testamentary capacity following Clitheroe v Bond Given the varying circumstances of testators, there is unsurprisingly a considerable grey area in defining what kinds of beliefs are delusional for the purposes of testamentary capacity. The judgment of Clitheroe v Bond, handed down on 4 May 2021, was eagerly …

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