Mental capacity is an interesting issue within the context of family law. Where is the line to be drawn between silly decisions made by a sane person with legal capacity and those made by someone with diminished mental capabilities and thus no legal capacity to make them? The two ends of the spectrum are fairly clear. Most people are fully functioning and have full legal capacity to make their own decisions. At the other end, where adults suffer from a diagnosed mental illness, or have suffered damage to the brain, which makes them clearly unable to promote their own welfare,…
