Predatory marriage or civil partnership: capacity, safeguarding, Court of Protection, will revocation and post-death consequences (England and Wales)

Published by a LexisNexis Private Client expert

Practice notes

Facts

Mr Smith, aged 75, was recently bereaved after a 40-year marriage, having been diagnosed with dementia shortly before his wife passed away. He had already put in place a Lasting Power of Attorney naming his children and made a Will in their favour. He began spending time with his carer, Ms James, aged 34, who has progressively cut him off from relatives and friends. He often says he is busy and, when his family do see him, he appears not to be looking after himself or his home. His relatives are worried about the influence Ms James exerts, though they accept he has been lonely. Their concern heightened when, last week, Ms James declared they were going to marry, yet Mr Smith seems blissfully unaware of any such plan.

What action can Mr Smith’s family take to keep him safe?

Mental capacity

They should first assess whether Mr Smith retains decision- and time-specific mental capacity, explain the situation to him, and seek his agreement to have a different carer. Under common law, everyone is presumed to have capacity unless it is proved otherwise...

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Web page updated on 21/05/2026

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