Report comment

Please fill in the form to report an unsuitable comment. Please state which comment is of concern and why. It will be sent to our moderator for review.


As Tor Butler-Cole has commented in a tweet, it is important to be clear that even when the person lacks capacity for the relevant decision, the law requires the attorney to continue to involve the person in the decision making process and maximise their participation. It’s part of the statutory best interests checklist.
May be worth amending the article to reflect this.
May also be a good idea as a matter of principle, not to use the term ‘having no capacity’ but to always state that the person lacks capacity for the decision in question.

Your details