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A vulnerable individual's wishes must be taken on board wherever possible, even if it may appear to be harmful to their own interests

4 March 2016

The recent case of Wye Valley NHS Trust v B [2015] EWCOP 60 reminds practitioners advising or acting as deputy that even though P lacks capacity, P should still be engaged as far as is practicable in the decision-making process.

Section 1 Mental Capacity Act 2005 (MCA 2005) states:

  • Because someone may make an unwise decision, does not mean they should be treated as being unable to make a decision;

  • Unless all practicable steps have been taken without success to help that person make a decision, they should not be treated as being unable to make a decision; and

  • That decision must be made in the best interests of P.

Section 4(4) of the MCA makes clear that P should be encouraged to participate as fully as pos...

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