Once this has been done, the starting point must always be whether there is an appropriate person who can make the necessary decision (either enter into a lease agreement or terminate it) by adopting or terminating the most appropriate interest procedure described in the Mental Capacity Act 2005 (hereafter the law). If there is a registered APA or if a real estate and business representative has already been appointed, then the lawyer or assistant would normally make that decision. But, and this is the point, an agreement with someone without mental capacity is not invalid whether the other party knew or not. If the other party knew, it would be non-aeig, neither. If the other party has not done so, the agreement applies (subject to the usual just principles applicable to each contract). Wychavon is wrong because the agreement could not be declared invalid in the common law. It is not a question of facts, but of law. The starting point is that a person who does not have capacity cannot enter into a binding contractual agreement, including a lease agreement. If you feel that someone does not have the ability, you should talk to the person concerned (social worker, NPC, psychiatrist or family doctor) and ask for their help in solving this problem. When discussing with other experts, it is important to be aware of the capacity issues that you need to solve. Inevitably, there will be the question of whether the proposed defendant is in a position to conduct and manage litigation. If you are thinking of an injunction or possession order (remember the Court`s discretion to suspend a possession order if you are applying for non-binding reasons), you also need to know whether that person can understand, comply with and maintain prohibitions in a court order.
Compare that to Whychavon, where it was written at the bottom of the lease: « [the complainant] is profoundly disabled and cannot communicate at all. » Apparently, the owner was aware of the disability. The position in Imperial Loan Co Ltd/Stone remains the true common law position. In other words, because of the intellectual disability, an agreement is null and forth if it can be proven that the other party`s disability was evident at the time of the proof of the contract. Examples of situations where it is more of a licence are when staff offer meals; Help eliminate waste Provide personal assistance or maybe change the sheets; or any other control is exercised over the person, for example. B the removal of a person from a property (for example. B in another room) or checked visiting hours. It is rare for the Court of Justice to rule definitively. He is more likely to insist that an appropriate person be appointed as a friend of the trial. This means that they take over the enforcement of disputes for the person without capacity. Imagine that all independent psychiatrists always come to the conclusion that he does NOT have the capacity to decide residence, care and contact, but the exact findings of the last independent psychiatrist were « he does not have such capacity and cannot win it » rejected because the judge/OS and LA, who sided with the feigned aunt, wanted to respond to their requests. They then used a non-independent SW and an NHS psychologist to write an absurd assessment that my son is now able to decide who he sees and where he lives.
What was totally unfair was the fact that they made this assessment at a time when they prevented him from seeing us, the judge refused to issue an order to resume our contact, my son turned against us, the invalid assessment was not made in a neutral place. The SW also cheated on him with his own apartment, a gilded cage is still a lady in Hale`s cage, and they hired their own defender to write otherwise. What makes the 2005 MCA unenforceable is when someone has no capabilities, and judges can « pressure » the person to make decisions against their family and turn them against « as it was, » but in reality, « the person lacks capacity » if judged later.
