Anderson v. Anderson is the only case counsel provided dealing with the effect of mental incapacity upon a person’s ability to occupy a premises. I did not hear extensive argument on whether the law is settled in this area. Nonetheless, given Lord Denning’s statement regarding an occupier having “sufficient degree of control” over a premises, it appears axiomatic that an occupier would have to have the requisite mental capacity to exercise control. Thus, I accept that a legally incompetent owner/resident could be incapable of being an “occupier” if they lacked the wherewithal to exercise the “sufficient degree of control” described by Lord Denning.
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