Mental Capacity for Adult Guardianship (15:III): Difference between revisions
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Mental Capacity for Adult Guardianship (15:III) (view source)
Revision as of 22:51, 10 October 2022
, 10 October 2022→I. Capacity to Enter into an Unmarried Spousal Relationship
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== I. Capacity to Enter into an Unmarried Spousal Relationship == | == I. Capacity to Enter into an Unmarried Spousal Relationship == | ||
No court in British Columbia, or in Canada for that matter, has ever directly engaged with the issue of whether a test for capacity to enter an unmarried spousal relationship is required. This does not mean, however, that capacity is irrelevant in these situations. 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 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 a test for capacity to enter an unmarried spousal relationship is required. This does not mean, however, that capacity is irrelevant in these situations. 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 an unmarried spousal relationship is undefined—if it even exists at all. | ||
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