As a housing professional, you don`t need to know the Mental Capacity Act 2005 (MCA 2005) from the inside and the front. You should know that it exists and is the dominant legislation on capacity. 3 An act or decision, carried out under the law for or on behalf of persons who are unable to work, must be carried out or taken in their best interest [attention to situations where « decisions in the best interest » cannot be taken] Local authorities must therefore consider whether customers who ask them to enter into rental contracts: really enjoy the exclusive occupation of their accommodation. If they don`t, local authorities may need to ask them to sign licensing agreements (if they are mentally successful). In the past, I have been asked to indicate where an application was submitted in the wrong form or if it did not contain the necessary information. This resulted in unnecessary delays and other procedural hurdlees before the owner could secure the order. The procedure is very simple as long as it is explicitly stated that the only court injunction concerns the rental agreement and no further investigation is necessary. For Person X to enter into a lease, they must be able to understand the nature and impact of what they produce. If person X is found to be incapable, they cannot sign a lease.
Although the MCA allows certain decisions to be made without the need for formal power of action, it does not extend to the signing of legal documents such as leases. A person can only sign a lease on behalf of person X if he or she is: a license agreement is a kind of agreement that states that the person does not have an « exclusive use » of the property. It could be a single room, but it could also be a whole apartment or an entire house. Exclusive occupancy means that you can deny access to other people and have exclusive control of your premises (except in an emergency). We often encounter cases where our clients are told that person X is termaversing the tenancy. Person X does not have the ability to do so and it tends to develop in situations where that person has to move to a place with more intense care arrangements. All this was decided by a « Best Interest`s Decision ». There is no provision that can force someone to undergo a capacity assessment. If this is not possible, all other documents should be reviewed by the court so that the judge can rule on that person.
Under these conditions, you (or those who support you) may request that the agreement be terminated when you have not been coerced or pressured to enter into the agreement. To use legal jargon, the agreement is « questionable. » For example, they may have presented you with the agreement and said, « Please sign this, » knowing that you don`t have the mental capacity to decide if you should. . . .