In re M (An Adult) (Capacity: Consent to Sexual Relations)

Subject Matter

MENTAL DISORDER — Capacity — Consent to sexual relations — Person suffering significantly deteriorated mental function after surgery — Whether capacity to consent to sexual relations — Whether test for capacity including consideration of person’s ability to use and to weigh relevant information — Whether test concerned with capacity to consent to general rather than to specific sexual relations — Whether judge applying correct test — Mental Capacity Act 2005, s 3

[2014] EWCA Civ 37; [2015] Fam 61; [2014] 3 WLR 409; [2014] 3 All ER 491; [2014] WLR (D) 31, CA

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