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mental capacity | Cambridge Family Law Practice

Consent orders and mental illness

By | financial | No Comments

Mental capacity is an interesting issue within the context of family law. Where is the line to be drawn between silly decisions made by a sane person with legal capacity and those made by someone with diminished mental capabilities and thus no legal capacity to make them? The two ends of the spectrum are fairly clear. Most people are fully functioning and have full legal capacity to make their own decisions. At the other end, where adults suffer from a diagnosed mental illness, or have suffered damage to the brain, which makes them clearly unable to promote their own welfare,…

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Decision-making and mental capacity

By | the family courts | No Comments

We at CFLP spend the majority of our time helping our clients work out their financial affairs and their children’s arrangements at the end of their close personal relationships. In most of our cases, the relationship has been between two fully-capable adults who understand what is going on around them and can make informed decisions about what they consider to be the best way forward, with our advice and assistance. Every now and then, however, this isn’t the case, and one of the people involved may not be able fully to participate in the decision-making process because they are no…

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