Mental Capacity
This part of the topic index contains resources on how to assess mental capacity, planning for incapacity and the steps that can be taken after incapacity. Please select the resource that you require by clicking on the relevant tab below.
7
resources
These resources are maintained, meaning that we monitor developments on a regular
basis and update them as soon as possible.
| 1 | Doorstep selling: overview An overview of the law on doorstep selling in the UK contained in the Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008 (SI 2008/1816). | Practice note: overview | Maintained |
| 2 | Guarantees and indemnities This practice note examines legal and drafting issues relating to guarantees and indemnities where the obligations of a third party are guaranteed and/or indemnified. This practice note considers the legal distinctions between primary obligations (indemnities, performance guarantees, performance bonds) and secondary obligations (guarantees). It provides an overview of relevant contractual issues relating to guarantees and indemnities (the statute of frauds, capacity) as well as legal issues (undue influence, duress, role of directors). It also provides links to our more detailed content on performance bonds, payment guarantees, comfort letters and our standard form guarantees and indemnities. | Practice note: overview | Maintained |
| 3 | LPA and EPA toolkit A toolkit of PLC Private Client's LPA and EPA materials and links to statutory forms and guidance. | Practice note: overview | Maintained |
| 4 | Enduring powers of attorney This practice note outlines the requirements for enduring powers of attorney (EPAs). Since 1 October 2007, it has not been possible to create new EPAs but EPAs created before 1 October 2007 continue to be valid. Lasting powers of attorney (LPAs) replaced EPAs from 1 October 2007. For more information on LPAs, see Practice note, Lasting powers of attorney. | Practice notes | Maintained |
| 5 | Lasting powers of attorney This Practice note explains the regime of lasting powers of attorney (LPAs), which was introduced by the Mental Capacity Act 2005 on 1 October 2007, including: How to make an LPA. The formalities for registering an LPA. Guidance for third parties when relying on an LPA. From 1 October 2007, LPAs replaced enduring powers of attorney (EPAs) as the primary way of appointing a decision maker to act on a donor's behalf in the event of a loss of mental capacity. LPAs can authorise an attorney to make decisions about the donor's personal welfare, as well as decisions about their property and affairs. | Practice notes | Maintained |
| 6 | Office of the Public Guardian and Court of Protection ... This practice note contains links to the Mental Capacity Act 2005 and accompanying code of practice and to the most commonly-used forms and guidance in connection with the creation and registration of lasting powers of attorney, as well as the registration of enduring powers of attorney. The note also contains links to the Court of Protection rules, guidance and cases. | Practice notes | Maintained |
| 7 | Powers of attorney This practice note examines powers of attorney, in particular, general powers of attorney and their commercial application. It includes links to standard documents for general powers of attorney and specimen execution clauses. For further details on other types of powers of attorney, see Practice note, Lasting powers of attorney and Practice note, Enduring powers of attorney. | Practice notes | Maintained |