Counselling and a court case.

endofrainbow

If someone was receiving counselling for depression and other anxiety issues and were in the midst of a family legal battle (property), could it be used against them as in, they weren't in a fit state of mind when decisions were being made about the property? No will involved.

Hypothetical scenario.

Dial Hard

No. Counselling isn't a medical intervention, only a qualified medical professional can declare someone of unsound mind.

Stalk

You're in therapy, unsurprising.

Mrs OBumble

https://www.boards.ie/discussion/2058318948/counselling-and-a-court-case

It depends on the qualifications of the person doing the counselling.

AndrewJRenko

https://www.boards.ie/discussion/2058318948/counselling-and-a-court-case

Do you think that would be a good tactic to use? Where somebody is being responsible and taking steps to address their mental health issue, and then finds that used against them in legal action?

Lenar3556

https://www.boards.ie/discussion/2058318948/counselling-and-a-court-case

It could be entered into evidence. As to what significance it might carry on would depend very much on the specifics.

Peregrinus

Just noting that we're reviving a year-old thread here.

An adult is presumed to be mentally competent unless the contrary is shown. If anyone is questioning their mental competence, the onus is on them to produce evidence of incompetence. The onus is a high one; you need a medic, who has examined the person concerned, to testify that due to a mental illness or infirmity of mind they are not capable of understanding the issues that they need to address, or not capable of making or expressing rational judgments about those issues.

"But he was getting counselling for anxiety and depression!" doesn't come anywhere close to meeting that threshold.

One eyed Jack

https://www.boards.ie/discussion/comment/122713642#Comment_122713642

The onus is a high one; you need a medic, who has examined the person concerned, to testify…

Has that changed though, the need for a medical professional to do the assessment and testify, with the commencement of the Assisted Decision-Making (Capacity) Act last year?

https://stephenwalshsolicitors.ie/capacity-assessments-the-law-and-principles/

I just think that it could be relevant if a person is experiencing ill mental health and they are involved in a dispute over property. Could it be used against them? I think it could be, but it would still as you pointed out, mean that the onus would be on the person making the claim that the person lacks decision-making capacity.

I don’t mean that they’re getting treatment, I mean whether or not it could be argued that they lack decision making capacity due to ill mental health.

Peregrinus

Well, anyone can suggest at any time that someone else is not the full shilling, or wasn't the full shilling at some point in the past when they made a particular decision. But that suggestion is going absolutely nowhere in a court of law if not backed up with evidence. And if your evidence is "he was receiving counselling for depression and anxiety", you haven't come close to the kind of evidence you need.

Could it be "used against them"? If mentioning it in support of a claim of lack of capacity is "using it against them" then yes, it could. But could it be used against them with any effect? If the sum total of the evidence of lack of capacity is the counselling, then no; the claim of lack of capacity will be laughed out of court.

endofrainbow

https://www.boards.ie/discussion/comment/122713022#Comment_122713022

Just to clarify, it wasn't anything I was contemplating. A close friend found themselves in a precarious situation and wanted to know if his estranged family could pursue that angle for their own gain.

Reluctant to attend counselling for this reason but has now engaged with MH services and is doing well.