Testing for Capacity and The MCA 2005

Testing for Capacity and The MCA 2005

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Course Overview

During this bite-size webinar viewers with receive a brief overview of the key aspects of the Mental Capacity Act (MCA) 2005, including the statutory presumption of capacity enshrined in Section 1 and that when a decision is made on behalf of a person who lacks capacity that this must be done in their best interests.

Consideration will be given to Section 2(1) which stipulates that a person lacks capacity in relation to a matter if, at the material time, he is unable to make a decision because of an impairment of, or a disturbance in the functioning of, the mind or brain and Section 2(2) which clarifies that it is immaterial whether the impairment or disturbance is permanent or temporary.

Private client practitioner and lecturer John Thurston will discuss how the balance of probabilities is utilised when determining capacity and will examine how the test for capacity is applied in practice by reviewing recent cases.

This session will consider the following:

·         Capacity to Make Gifts

o    Joyce Smith deceased, Kicks and Martin v. Leigh [2014] EWHC 3926 (Ch)

·         Capacity to make a will

o    Special Trustees for Great Ormond Street Hospital for Children v. Rushin; sub nom Morris, in the estate of Morris deceased [2001] WTLR 1137

o    Scammell v. Farmer [2008] EWHC 1100 (Ch)

o    Walker and anr v. Badmin and ors [2015] WTLR 493

·         Capacity of donor to grant an enduring power

o    Re K; Re F [1988] 1 All ER 358

o    Re W [2000] 1 All ER 175

o    ABC v. XZ [2013] WTLR 187

o    Masterman-Lister v. Brutton & ors [2003] 1 WLR 1511

What are the requirements?

  • This course provides 0.5 – 1 CPD points (depending on length of time spent reviewing the supporting documentation).
  • Watch the recorded webinar and review the supporting documentation

Learning Outcomes

  • On completion of this course you will have a greater understanding of, and feel confident when advising clients regarding capacity

What is the target audience?

  • Private client practitioners


About Instructor - John Thurston

John is particularly interested in the law relating to wills, trusts, taxation, powers of attorney and elderly clients.

John is the author of "A Practitioner's Guide to Powers of Attorney", "A Practitioner's Guide to Trusts", "A Practitioner's Guide to Inheritance Claims" , "A Practitioner's Guide to Executorship and Administration" and "Estate Planning for the Middle Income Client" all published by Bloomsbury Professional.

John is also a contributor to "Tolley's Administration of Trusts" and "Tolley's Administration of Estates" and also contributed a section to "Tax Efficient Will Drafting" published by LexisNexis Butterworths.

Course Curriculum

Recorded Webinars

  • Webinar

Supporting Documentation

  • Notes
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