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Importance of the Causative Nexus

The Causative Nexus is an important part of the Diagnostic Step for Mental Capacity. In its simplest of forms, it can be described as the ‘link’ between the Functional Step of the two-stage test, and whether the Diagnosis is the origin for this outcome. Another way to consider the causative nexus, is as the ‘because’ or justification for why a diagnosis may be the causation for a person being unable to demonstrate decision making within the functional stage of the assessment.

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Mental Capacity and the roles of Executor and Probate (PA14)

There are sometimes occasions when a person dies and the Executor named in their Will is not able to complete their role due to a lack of capacity. Similarly, there are times where a person may not have formed a Will, and the loved one who would normally act as Probate is unable to perform this role due to a lack of capacity

In this blog, we give a brief summary of the process and the steps needed.

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Mental Capacity Assessments: Face-to-Face or Remote?

During the COVID-19 pandemic, a large number of mental capacity assessments were completed remotely, through video platforms such as Microsoft Teams or Zoom. This was to enable staff to conduct ‘safe’ assessments without the risk of infection or transmitting the virus.

Now the pandemic is over, face-to-face assessments have returned to being the norm. However, we do on occasion receive requests for online assessments rather than face-to-face, due to factors such as time, distance or availability.

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