3. Age and Legal Capacity

Question 1

What did the Age of Legal Capacity Act 1991 state?

Answer 1

Child up to the age of 16. PRRs end for parents when you turn 16, apart from guidance

Question 2

What is the general rule as per section 1?

Answer 2

No one under 16 has the legal capacity to enter into any transactions

Question 3

What is the exception?

Answer 3

Responsible for a crime

Question 4

What are the exceptions to the general rule?

Answer 4

1. Commonly entered transactions
2. Anyone over 12 can make a will
3. Under 16 can consent to surgical, medical or dental treatment if by qualified practitioner

Question 5

What is a case for medical?

Answer 5

Gillick v West Norfolk Health Authority (England)

15 year old sought contraceptive, mum wanted to know. HL said doctor allowed to say no

Question 6

Do we have magic 12?

Answer 6

No, under 16 when considered mature enough

Question 7

Another right under 16?

Answer 7

Can instruct a solicitor given they have maturity

Question 8

What is the relevance of 12?

Answer 8

Person of 12 will be presumed to be of sufficient age and maturity. Can be rebutted.

Question 9

Case of Mother wanting to take kids to Australia?

Answer 9

Fourman v Fourman

Question 10

Fourman v Fourman

Answer 10

Divorced couple, mother wants kids for Australia. 14 year old entered the action. Held wasn’t in interest of the child.

Question 11

Another Australia case?

Answer 11

Shields v Shields

Question 12

Shields v Shields?

Answer 12

Mum wanted to take 7 year old to Australia, boy was 9 when it got to court. Boy considered mature enough to give his view. Stayed in Scotland