A recently reported Court of Protection case (TB v KB and LH (Capacity to Conduct Proceedings) [2019] EWCOP 14) highlights the importance of robust capacity assessments and also how capacity can be affected by lifestyle choices. The case involved an application for a declaration as to whether an individual had capacity to litigate. The substantive issues that were then to be litigated included the validity of Lasting Powers of Attorney, the management of his property and affairs and orders under the inherent jurisdiction of the High Court.
The judgement sets out a useful reminder of the case law and impact of the Ment...