DMM, Re (Alzheimer's : marriage : power of attorney )

DMM has capacity to marry because he understands that marriage will revoke his will, may affect his ability to make a new will, and will alter the financial position of his daughters and partner.

Parties: Applicant: EJ; First Respondent: SD; Second Respondent: DMM (by his litigation friend, the Official Solicitor)
Jurisdiction: England and Wales
Judgment Date: 02 October 2017
Procedural Posture: Court of Protection / Judgment After Hearing on Capacity to Marry
Outcome: DMM has capacity to marry; order comes into effect at end of Friday, subject to possible appeal.
Legal Topics: Capacity to Marry, Effect of Marriage on Will, Undue Influence

Mental Capacity Law Family Law Capacity to Marry Effect of Marriage on Will Undue Influence

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Parties

Applicant

First Respondent

DMM (by his litigation friend, the Official Solicitor)

Second Respondent

Procedural Posture

Court of Protection / Judgment After Hearing on Capacity to Marry

Legal Issues

1 Does DMM have capacity to marry given his Alzheimer's Disease?
2 Is understanding the effect of marriage on a will necessary for capacity?
3 Was there undue influence on DMM or the medical expert?

Ratio Decidendi

DMM has capacity to marry because he understands that marriage will revoke his will, may affect his ability to make a new will, and will alter the financial position of his daughters and partner.

Court Disposition

DMM has capacity to marry; order comes into effect at end of Friday, subject to possible appeal.

Orders

Order that DMM has capacity to marry, effective at end of Friday unless stayed by Court of Appeal.
Permission to appeal refused at first instance; 5 days given to consider appeal.