Difference between revisions of "Mental Capacity for Adult Guardianship (15:III)"
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{{REVIEWED LSLAP | date= June 21, 2019}} | |||
{{LSLAP Manual TOC|expanded = guardianship}} | {{LSLAP Manual TOC|expanded = guardianship}} | ||
The fact that a person has a mental illness, disability or impairment is not conclusive of their mental capabilities. Capacity to make a legally binding decision depends upon the type of decision at hand. The legal capacity standards for carrying out transactions, entering into relationships, or managing a person’s affairs are set out both in common law and statute. | The fact that a person has a mental illness, disability or impairment is not conclusive of their mental capabilities. Capacity to make a legally binding decision depends upon the type of decision at hand. The legal capacity standards for carrying out transactions, entering into relationships, or managing a person’s affairs are set out both in common law and statute. | ||
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No court in British Columbia, or in Canada for that matter, has ever directly engaged with the issue of whether or not a test for capacity to enter into an unmarried spousal relationship is required. This does not mean, however, that capacity is irrelevant in these situations. Oftentimes when courts analyse these unmarried spousal relationships, the importance of intention is often emphasized. Intention necessarily engages the notion of capacity. Ultimately, the test for the capacity to enter into an unmarried spousal relationship is undefined—if it even exists at all. | No court in British Columbia, or in Canada for that matter, has ever directly engaged with the issue of whether or not a test for capacity to enter into an unmarried spousal relationship is required. This does not mean, however, that capacity is irrelevant in these situations. Oftentimes when courts analyse these unmarried spousal relationships, the importance of intention is often emphasized. Intention necessarily engages the notion of capacity. Ultimately, the test for the capacity to enter into an unmarried spousal relationship is undefined—if it even exists at all. | ||
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