“…The second decision of this Court was IM v LM and others [2014] EWCA Civ 37. In that case, M, who had cohabited with a man for several years, suffered a brain injury which caused significant amnesia with moments of lucid thought. Her c…”
“…ticular decision. The determination of capacity is “decision-specific”: York City Council v C [2013] EWCA Civ 478, [2014] 2 WLR 1, at [35], endorsed in IM v LM [2014] EWCA Civ 37 at [51]. In determining capacity, all decisions, whatever their nature, fall to be evaluated within the clear structure of the MCA ss.1 to 3. Those provisions …”