With increasing awareness of mental health issues, and increasing numbers of people living with conditions such as dementia, we will all be faced with friends, relatives and clients for whom the question of mental capacity will arise.
Capacity issues can be tricky to navigate when they do arise, as every case is different. Capacity moves along a scale, sometimes abruptly, sometimes gradually; and sometimes it recovers. This can happen over the course of your instruction, or from day to day.
Hannah Mantle appears in Solicitors Journal warning that litigators should be attuned to capacity issues before taking or proceeding with client instructions.
Hannah is a senior associate in the trust and estates disputes team, acting on a wide range of matters, divided almost equally between work for claimants and defendants.