Mental Capacity/Debt

[CYNthesys]

A little bit of info that may assist debtors who have lost capacity.

The Mental Capacity Act 2005 requires that-
An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.

Under section 2(1) of the Mental Capacity Act 2005 a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of the mind or brain.

A person who has lost capacity can neither sue or be sued unless he/she has a litigation friend.

[Happyolddog]

Re: Mental Capacity/Debt

Intresting point, but it raises the question; how do you qualify as mentally incapable? Could anybody use this as a get-out or do you need the paperwork from a psychiatrist to prove your case?

[CYNthesys]

Re: Mental Capacity/Debt

Link to Mental Capacity Act 2005
http://www.opsi.gov.uk/acts/acts2005..._20050009_en_1

Im more up to speed on the MHA 1983.
Under this Act it the Judge who decides the issue of capacity, but his decision is based on medical evidence

[theGobbyOne]

Re: Mental Capacity/Debt

So for instance if you suffer from Bi polar and one of the classic symptoms is spending sprees can you then tell your creditors to get lost?????