ABSTRACT
Patients who lack capacity are vulnerable because others, by definition, make decisions on their behalf. If decisions are made which are contrary to the patient's best interests, the incapacitated person may be defenceless. It was clear that the protections provided by the Mental Capacity Act 2005 could not be used to assist the parents because they did not lack capacity. With respect to coercion or undue influence, was defined as ‘where a vulnerable adult's capacity or will to decide has been sapped and overborne by the improper influence of another’. This might entail the influence of a close and dominating relative, and where persuasion was based upon personal affection, duty, religious beliefs, social or cultural conventions or obligations. The disabling circumstances alluded to were those reducing the vulnerable person's understanding and reasoning such as the effects of deception, misinformation, physical disability, illness, tiredness, shock, fatigue, depression, pain or drugs.
