26 February 2009
Re P [2009] EWHC 163 (Ch), [2009] All ER (D) 160 (Feb)
The guidance given under the Mental Health Acts 1959 and 1983 about the making of settlements or wills can no longer be directly applied to a decision being made under the Mental Capacity Act 2005. The decision maker must form a value judgment of his own, giving effect to the paramount statutory instruction that any decision must be made in the person’s best interests.
