3. Age and Legal Capacity Flashcards

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1
Q

What did the Age of Legal Capacity Act 1991 state?

A

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

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2
Q

What is the general rule as per section 1?

A

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

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3
Q

What is the exception?

A

Responsible for a crime

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4
Q

What are the exceptions to the general rule?

A
  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
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5
Q

What is a case for medical?

A

Gillick v West Norfolk Health Authority (England)

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

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6
Q

Do we have magic 12?

A

No, under 16 when considered mature enough

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7
Q

Another right under 16?

A

Can instruct a solicitor given they have maturity

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8
Q

What is the relevance of 12?

A

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

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9
Q

Case of Mother wanting to take kids to Australia?

A

Fourman v Fourman

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10
Q

Fourman v Fourman

A

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

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11
Q

Another Australia case?

A

Shields v Shields

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12
Q

Shields v Shields?

A

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

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