• Allgemein

Capacity Assessment For Tenancy Agreements

The starting point is that if a person is unable to sign a rental agreement, anyone wishing to sign the agreement on behalf of the person can only do so with the permission of the Court, or if he has a permanent/permanent mandate (LPA) or if he is a substitute appointed by the court. 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. Municipalities must therefore consider whether clients who ask them to sign leases actually benefit from the exclusive use of their housing. If this is not the case, local authorities may ask them to sign licensing agreements (if they have intellectual abilities). The law limits the signing of legal documents (including a tenancy agreement or termination). 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. This judge rejects my request for a reassessment and rejects my request by saying, „P has not lost capacity,“ but how can you lose something that „never“ and could not win? The case signalled to Cheshire West: „A golden cage is always a cage.“