End a capacity to exploit the ill.

Financial Adviser, February, 2005

THERE is no doubt that the Mental Capacity Bill, which is currently passing through Parliament, is potentially an extremely important piece of legislation.

Its impact on financial advisers is less immediately obvious, however the legislation could bring substantial changes that all financial advisers need to be aware of.

The Mental Capacity Bill, which was first introduced in June 2003 as the Mental Incapacity Bill, has been a potential piece of legislation for many years since a Royal Commission first reported on the whole area of the law relating to mental capacity and recommended a complete overhaul of the present system.

For many years this report was effectively shelved and it was something of a surprise when the legislation was...

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