We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
With 1 in 4 of us around the world being affected by mental
health issues and 450million people currently suffering from a
mental disorder at some point in their lives, what is much needed
is for our health and legal systems to keep pace so that people
with mental health needs not only receive the right medical care
but their personal rights are aligned and protected. This is
especially so in the field of family law where, by the nature of
the type of issues people are facing, many people find that their
mental wellbeing is under pressure and strain.
We could all benefit from enhancing our knowledge about mental
health issues, and it follows that clients and their children will
benefit from our knowledge of the underlying causes and
implications of mental health issues (as well as our sensitivities
towards them).
Of course, mental health issues may be long-term or temporary
and some may result in a person losing mental capacity in terms of
the law, leading to an individual who may no longer be able to make
best interest decisions when it comes to their legal affairs.
Others will not. Each situation and person is unique.
Either way, it is fundamentally important for adults and
children going through the stress of the breakdown of a
relationship that their lawyer is alive to the situations where
mental health support is needed and helps those who need that help
to get it from appropriate specialists and therapists.
It's a regular part of my work to recommend to a client that
they get professional psychological support for either themselves
or their children. Some people just need general support but for
others someone in the family is facing acute health issues and
needs more specialist assistance.
It is particularly difficult for parents when the mental
wellbeing of their children is affected. For some families there
have been long-term mental health issues well before the breakdown.
For others, the circumstances of the separation are connected to
the health issues. The mental health disorders may or may not be
relevant to the legal matters that need to be resolved in the case
– such as if a party loses legal capacity. In order cases,
whilst the legal position isn't directly affected by the
medical issue, it can make managing the legal aspects more
difficult.
Whatever the situation, it is crucial that people are well
supported and get the right type of help. It's also essential
that the lawyer is alive to these issues and how to manage them
appropriately. If handled incorrectly they can have wide and
devastating impact on the future for the family.
That is why I feel privileged to be chairing the session on
legal capacity at the International Association of Family Lawyers
(IAFL) European Chapter Meeting in Palma
de Mallorca this week.
Together with a panel of experts, including Dr Shruthi Guruswamy
(Consultant Psychiatrist, London) and specialist lawyers in the
field from other jurisdictions, namely Dr Jeanne Sosson (Belgium),
Esther Susin Carrasco (Spain), Oksana Voynarovska (Ukraine) and
Kesavan Nair (Singapore), we will take a close look at legal
capacity and incapacity within the family law context: to include
how the different legal systems deal with capacity to marry, what
happens when a person lacks capacity to start or participate in
divorce or other family proceedings; temporary and transient
incapacity (for example through drugs or alcohol); and permanent
incapacity (dementia).
We will also compare the different power of attorney provisions
and my fellow partner, Julia Abrey, will be making a virtual
appearance to give a broad overview on the Hague Convention on the
International Protection of Adults.
There's not enough time to cover fully such important topics
but 'it's good to talk' and be open about mental health
and capacity issues. In my follow-up blog after the conference,
I'll feedback on what I have learned.
The timing is also good, as today everyone in our London office
arrived to find oranges on desks and also freshly squeeze juice to
buy in support of our charity of the year, Alzheimer's Research UK, which Withers is
proud to support.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
It is becoming increasingly more common for couples to move in together and start pooling resources (both capital and income) in order to improve standards of living.
For those of you who have not heard this term – it is the old-fashioned concept that couples who live together and are in a stable and committed relationship receive the same or similar treatment...
This report shares some novel and exciting ideas for raising capital, and locally effective and accountable ways of using it, that take into account future, as well as present, need.
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
The Stress Of Divorce: How To Survive It (Video)
