Posted on:
September 30th, 2024
Last reviewed:
January 3rd, 2025
What does mental capacity mean?
The term ‘mental capacity’ is a legal term meaning you’re able to make decisions for yourself and understand what will happen because of those decisions, or in other words, the consequences of a decision. In terms of power of attorney or making a will, mental capacity means: · You understand the meaning of decisions you make – you know what you’re doing and the effects your actions/decisions will have · You understand what money (or assets) you have – and that things might change in the future · You understand the claims of whoever might benefit from your decisions When you have a dementia diagnosis it’s important to get your affairs in order, before the issue of mental capacity is raised. It’s also useful to get a medical opinion on your ability to make important decisions (in terms of your mental capacity) to avoid any problems in future, such as a will being contested. In fact, some solicitors will strongly advise that you do this and some won’t act on your behalf without it. Ask your GP for advice on how you go about this. Source: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1925203/fOther relevant FAQs you might like...
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