Explore STEP’s Mental Capacity Hub, where we have pulled together news, features and resources to help you and your clients navigate through issues of capacity.
Mental Capacity content hub
STEP launches GRP to help protect millions of people across the globe from financial abuse
The STEP GRP is a template and benchmark for a lasting/enduring power of attorney that is globally recognised and portable across borders. Currently, difficulties can arise when such a power is not recognised or accepted in another jurisdiction, which can lead to great distress, cost and inconvenience. The GRP will serve as a model ‘best-practice’ template to governments globally when developing new legislation or reviewing existing provisions.
STEP Journal: The need for a holistic approach
Wesley O’Brien and Robert Lindley provide a Cayman Islands perspective on mental capacity, undue influence and vulnerable clients.
England and Wales: Dilemma on whether to inform protected person of compensation settlement
The England and Wales Court of Protection has given guidance on how a property and affairs deputy should approach the issue of whether to inform a protected person (P) of the value of their civil litigation settlement (PSG Trust Corporation v CK and NJ (2024 EWCOP 14). Enquiries were made of members of the Professional Deputies Forum before the hearing to evaluate the extent of the concern and identify current practice among professional deputies.
Source: BAILII
When the mental capacity of the business family’s patriarch/matriarch begins to deteriorate
Hear our panel explore practical considerations and strategies that can be implemented by practitioners and advisors to manage the declining mental capacity of the patriarch/matriarch of the business family.
Expanding the advisor’s capacity toolkit
Dinesh Menon provides rules and practical steps for advising a client suspected of not having capacity.
A tale of two tests
Nicola Bushby and Katherine Reed describe the tension between the Banks v Goodfellow and MCA 2005 tests when dealing with testamentary capacity in England and Wales.
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STEP's Mental Capacity SIG focuses on the increasing importance and relevance of issues concerning capacity in all aspects of legal work relating to inheritance and succession planning. The group aims to ensure that all members are kept up to date with developments and, indeed, are part of the debate and shaping the future where possible.
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