‘PI practitioners are not safe from capacity considerations. With an aging population and an increasing population of adults with learning disabilities, queries around capacity, whilst not quite ubiquitous yet, is nonetheless becoming an integral part of a PI practitioner’s essential knowledge. The only problem therefore being that in fact most of us know very little about it. For example that it is not a binary matter – a person can have capacity for one type of decision but not for another. In the PI arena we are most likely to be concerned with capacity to litigate but practitioners should be aware that they may also become embroiled in other questions about capacity for example in relation to welfare issues and/or the management of property and affairs.’
Zenith PI Blog, 18th February 2016
Source: www.zenithpi.wordpress.com
