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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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

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Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
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