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Mental Health

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

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Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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