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(Transcribed from CD by Cater Walsh Transcription Ltd., 1st Floor, Paddington House, New Road, Kidderminster DY10 1AL Official Court Reporters and Tape/CD Transcribers) Telephone: 01562 60921 / 510118; Fax 01562 743235; Email: [email protected]
MS V. BUTLER-COLE appeared for the Applicant. MR A. BAGCHI appeared for BK. MR DK represented himself MR J. O'BRIEN appeared for the Official Solicitor. ____________________
By S1(2): "A person must be assumed to have capacity unless it is established that he lacks capacity." This presumption of capacity places the burden of proof on an Applicant (here the Local Authority) seeking a finding of incapacity at the material time.
By S1(4): "A person is not to be treated as unable to make a decision merely because he makes an unwise decision."
By S2(1): "...a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or disturbance in the functioning of, the mind or brain." It is common ground that the 'impairment or disturbance' aspect of this section ("the diagnostic test") was satisfied regarding AK at the material time.
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Common Room
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