In re P [2009] – WLR Daily

Posted February 11th, 2009 in Court of Protection, law reports, mental health, wills by sally

In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41

“When making decisions about the property and welfare of persons lacking capacity, the overarching principle pursuant to the Mental Capacity Act 2005 was that any decision made on behalf of that person must be made in his best interests. The guidance given under the Mental Health Acts 1959 and 1983 about the making of settlements or wills could no longer be directly applied to a decision made under the 2005 Act.”

WLR Daily, 10th February 2009


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