Paragraph 52 F1

(1)

In determining whether P objects, regard must be had to all the circumstances (so far as they are reasonably ascertainable), including the following—

(a)

P's behaviour;

(b)

P's wishes and feelings;

(c)

P's views, beliefs and values.

(2)

But regard is to be had to circumstances from the past only so far as it is still appropriate to have regard to them.

Annotations

F1: Sch. AA1 inserted (16.5.2019 but only for the purpose of enabling the exercise of any power to make regulations and otherwise prosp.) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1