Topic
Mental Capacity
99 published works
UK Human Rights Blog
A new era for detention in care: Cheshire West Overturned
By Anogika Souresh and Esme Cairns. The Supreme Court has handed down a unanimous judgment in A Reference by the Attorney General for Northern Ireland of a devolution issue under…
UK Medical Decisions Law Blog
Snapshot Guidance for Practitioners – AGNI Case
SUPREME COURT JUDGMENT A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 UKSC 16…
Family Law Blog - Kingsley Napley
Mental capacity concerns in family mediation
By Publisher
Family dynamics are complex at the best of times. When one family member is unwell, stress and worry can quickly lead to friction and mistrust among siblings and parents alike.
Pennsylvania Divorce and Domestic Relations Blog
Wendy Williams’ World is Our World, Too.
By Mark Ashton
When I titled this blog, I deliberately employed the word “Domestic Relations” because family law incorporates a lot of different family matters. This week brought us video of former television…
UK Medical Decisions Law Blog
Re Thirumalesh – the Court of Appeal explains why the established view that the MCA contains a belief requirement is wrong in law
Hemachandran v Sudiksha Thirumalesh (deceased) and University Hospitals Birmingham NHSFT [2024]EWCA 896 is a landmark judgment given by King LJ with whom LJJ Singh and Baker agree. The successful appeal…
Sentencing Law and Policy
After a 6-3 SCOTUS vote to deny review, Missouri completes execution of child killer who claimed mentally incompetence
As reported in this AP piece, a "man who abducted a 6-year-old Missouri girl and beat her to death at an abandoned factory two decades ago was put to death…
Other
After a 6-3 SCOTUS vote to deny review, Missouri completes execution of child killer who claimed mentally incompetence
As reported in this AP piece, a "man who abducted a 6-year-old Missouri girl and beat her to death at an abandoned factory two decades ago was put to death…
Health Law Prof Blog
A Principal’s Mental Incapacity and ‘Termination’ of the Agent’s Authority
Rachel Leow (London School of Economics), A Principal’s Mental Incapacity and 'Termination' of the Agent’s Authority, L. Q. Rev. (2023): This article interrogates the orthodox view that an agent's actual authority…
The Fiduciary Litigator
Court Affirmed A Judgment That A Will Was Invalid Due To Mental Incapacity
In Mittelsted v. Meriwether, the decedent changed his will and beneficiary designations on bank accounts to leave everything to his half-brother. No. 14-21-00755-CV, 2023 Tex. App. LEXIS 1020 (Tex. App.—Houston…
The Fiduciary Litigator
Court Affirms Order Holding That Party Had Mental Capacity To Execute Contracts Regarding The Sale Of Real Property
In In re Estate of Montemayor, a buyer sued a seller regarding five real estate contracts. No. 09-21-00054-CV, 2023 Tex. App. LEXIS 1174 (Tex. App.—Beaumont May 13, 2022, no pet.…