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19 February 2010
Issue: 7405 / Categories: Case law , Law digest
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Mental Health

Re M (vulnerable adult) (testamentary capacity) [2009] EWHC 2525 (Fam), [2009] All ER (D) 314 (Oct)

The starting point in cases concerning persons lacking capacity brought under the Mental Capacity Act 2005 was the “structured decision making process” prescribed by the Act, a process that required the decision maker to take a number of steps before reaching a decision, including encouraging the vulnerable person to participate in the decision, “considering” the vulnerable person’s past and present wishes; which was always a significant factor to which the court had to pay close regard, her beliefs and values, and “taking into account” the views of third parties as to what would be in the vulnerable person’s best interests.

The statute laid down no hierarchy as between the various factors that had to be borne in mind, beyond the overarching principle that what was determinative was the judicial evaluation of what was in the vulnerable person’s “best interests”.

The weight to be attached to the various factors would, inevitably, differ depending upon the individual circumstances of the particular case. Having

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
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Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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