LPA cases - capacity to make an LPA

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Page and summaryDate added to siteCategories
A, B and C v X, Y and Z [2012] EWHC 2400 (COP), [2012] MHLO 112 — The court considered X's capacity to marry, make a will or power of attorney, manage affairs, and litigate. (1) X did not lack capacity to marry. The basis for this assessment was correctly stated in Sheffield as follows: (a) it is not enough that someone appreciates that he or she is taking part in a marriage ceremony or understands its words; (b) he or she must understand the nature of the marriage contract; (c) this means that he or she must be mentally capable of understanding the duties and responsibilities that normally attach to marriage; (d) that said, the contract of marriage is in essence a simple one, which does not require a high degree of intelligence to comprehend, and the contract of marriage can readily be understood by anyone of normal intelligence. (2) The judge did not make a general declaration that X lacked testamentary capacity, but qualified this by saying that (a) there would be increasingly many times when X lacked such capacity, and (b) any will now made, ..→2012-11-122012 cases, Brief summary, LPA cases - all, LPA cases - capacity to make an LPA, Missing from Bailii, Other capacity cases, Transcript
Re Collis (2010) COP 27/10/10 — An application was made to the court to direct the Public Guardian to cancel the registration of an LPA on the grounds that the instrument was not a valid LPA because the Donor lacked capacity to create an LPA at the date of execution. In the course of his judgment the Senior Judge set out the law relating to capacity to create an LPA. [OPG summary - LPA case.] 2010-11-062010 cases, Brief summary, LPA cases - all, LPA cases - capacity to make an LPA, Transcript

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