In the October edition of the Family Law Journal Rachel Baker and Anogika Souresh explore how alcoholism and drug addiction can affect capacity within the framework of the Mental Capacity Act 2005. The article looks at executive and decisional capacity, and the court’s approach to assessing capacity in cases where alcohol- or drug-dependency are in issue.
Rachel and Anogika identify a number of potential issues when assessing capacity for those who are alcohol- or drug-dependent, and explore how a best interests decision and/or capacity assessment can most effectively be done in such circumstances. This is done through an exploration of the case law, and analysis into what that means on a practical level.
The core principles to be followed when assessing capacity, and their interplay with alcohol- or drug-dependency, are emphasised.