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by tpm 553 days ago
> The idea that someone with mental illness cannot make legitimate choice has been around in the legal system for a while

There is mental illness and then there is competence, they are related but not the same. Complicating things further in this case would be things like reactive mental states (grieving etc) which might for a time manifest like mental illness but tend to be not diagnosed.

https://en.wikipedia.org/wiki/Competence_(law)