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Lady Hale stated in Aintree University Hospital v James [2013] EWCA Civ 65 that: '[I]insofar as it is possible to ascertain the patient's wishes and

Lady Hale stated in Aintree University Hospital v James[2013] EWCA Civ 65 that:

'[I]insofar as it is possible to ascertain the patient's wishes and feelings, his beliefs and values or the things which were important to him, it is those which should be taken into account because they are a component in making the choice which is right for him as an individual human being'.

Critically analyze this statement on capacity with reference to appropriate jurisprudence and academic literature.

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