Mental capacity: the interplay between the law and medicine

A key initiative in the ongoing campaign to raise awareness of mental health issues, to tackle stigma and to empower those who need help.

We are all aware of how relevant this campaign is, heightened over the last year through the fallout of the global pandemic. Increasingly we see the impact of mental health issues, not only in our personal lives, but also professionally, as advisers and fiduciaries, where we all need to be conscious of the range of factors that may affect mental health.

To support this initiative, Charlotte Fraser, Partner in our Contentious Trusts and Estates team, and expert on mental capacity issues, meets with Dr James Warner, Consultant Psychiatrist and Director at Halcyon Doctors, to discuss the interplay between the law and medicine in this field. Their broad ranging discussion can be viewed as a whole or in three eight minute sections:

1. Red flags for mental health conditions and the role of advisers in facilitating decision-making.
2. Navigating sensitive issues and asking the right questions.
3. Mental capacity assessments: common pitfalls?

We hope you find their discussion interesting and, importantly, of practical use.

If you would like further information or advice on any of the issues covered please contact Charlotte Fraser or your usual contact at the firm on +44 (0)20 3375 7000. We would love to hear from you.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, May 2021