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Difference between revisions of "Mental Capacity for Adult Guardianship (15:III)"
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Mental Capacity for Adult Guardianship (15:III) (view source)
Revision as of 22:29, 11 August 2023
, 22:29, 11 August 2023no edit summary
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 11, 2023}} | ||
{{LSLAP Manual TOC|expanded = guardianship}} | {{LSLAP Manual TOC|expanded = guardianship}} | ||
The fact that a person has a mental illness, disability or impairment is not conclusive of their mental capabilities. Capacity to make a legally binding decision depends upon the type of decision at hand. The legal capacity standards for carrying out transactions, entering into relationships, or managing a person’s affairs are set out both in common law and statute. | The fact that a person has a mental illness, disability or impairment is not conclusive of their mental capabilities. Capacity to make a legally binding decision depends upon the type of decision at hand. The legal capacity standards for carrying out transactions, entering into relationships, or managing a person’s affairs are set out both in common law and statute. | ||
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* Form the intention to live separate and apart from a spouse | * Form the intention to live separate and apart from a spouse | ||
* Enter an unmarried spousal relationship | * Enter an unmarried spousal relationship | ||
The planning statutes set out the specific test for capacity that is required for an adult to sign a valid planning document, and it is important to note that the tests differ depending on the nature of the decision being made. Just because someone lacks capacity in one regard does not mean that they necessarily lack capacity in another context. | The planning statutes set out the specific test for capacity that is required for an adult to sign a valid planning document, and it is important to note that the tests differ depending on the nature of the decision being made. Just because someone lacks capacity in one regard does not mean that they necessarily lack capacity in another context. | ||
