The legal definition says that someone who lacks capacity cannot, due to an illness or disability such as a mental health problem, dementia or a learning disability, do the following:
- understand information given to them to make a particular decision
- retain that information long enough to be able to make the decision
- use or weigh up the information to make the decision
- communicate their decision
The following two tabs change content below.
Rachel is an accredited member of the Society of Trust & Estate Practitioners, and joined the firm as a trainee in 1991. She initially worked within our Litigation Department where she gained considerable experience in dealing with contentious matters such as disputes over Wills and Lasting Powers of Attorney. As well as preparing the aforementioned, she deals with Estate Administration and Court of Protection orders.