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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 22:56, 10 October 2022
, 22:56, 10 October 2022→F. Capacity to Retain Legal Counsel
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The test for capacity in these situations is largely built upon the test for capacity to enter a contract, as the relationship between a person and their legal counsel is a contractual one. However, due to the unclear boundaries between the isolated retention of legal counsel and the ongoing instruction of legal counsel, many have argued that there is need to incorporate aspects from other areas of as law as well—in particular, the law of agency. The test for the capacity to retain legal counsel is described as being on the more stringent side of the capacity spectrum, due to its ties to the test for contractual capacity and the thought-process and decisions that one must be able to engage in in order to retain legal counsel.<br> | The test for capacity in these situations is largely built upon the test for capacity to enter a contract, as the relationship between a person and their legal counsel is a contractual one. However, due to the unclear boundaries between the isolated retention of legal counsel and the ongoing instruction of legal counsel, many have argued that there is need to incorporate aspects from other areas of as law as well—in particular, the law of agency. The test for the capacity to retain legal counsel is described as being on the more stringent side of the capacity spectrum, due to its ties to the test for contractual capacity and the thought-process and decisions that one must be able to engage in in order to retain legal counsel.<br> | ||
Lawyers must not allow themselves to be retained by prospective clients who lack capacity, although there are exceptions to ensure that people are not left without any way of getting legal help because they lack capacity. | Lawyers must not allow themselves to be retained by prospective clients who lack capacity, although there are exceptions to ensure that people are not left without any way of getting legal help because they lack capacity. Additionally, if a client who had capacity during the retention of legal counsel loses capacity afterwards, lawyers have an obligation to ensure that the client’s interests are still properly represented. | ||
== G. Capacity to Marry == | == G. Capacity to Marry == | ||
