Mental Capacity Cases

Summary This judgment concerned an application made on 26 May 2023 by the applicant trust for anticipatory declarations that in the event ‘Amira’ lost capacity during the delivery of her child it would be in her best interests to implement an obstet... Read more  

Lasting Powers of Attorney – construction – whether commonly appearing provisions required severance  The Office of the Public Guardian brought an application involving nine consolidated cases presenting interpretative questions relating to statute ... Read more  

In Re Public Guardian’s Severance Applications [2023] EWCOP 24, the Office of the Public Guardian brought an application involving nine consolidated cases presenting interpretative questions relating to statute and regulations which have had recurred... Read more  

Summary LD  lived with his mother, RD. He was in his 40s with Downs Syndrome, a severe learning disability, autistic traits and could only communicate through body language. He also had a heart defect. Neither were believed to have had the Covid vac... Read more  

Summary  This judgment (which Lieven J notes was prepared approximately nine months after the application was determined) related to an application by the applicant Trust on 1 August 2022 for an anticipatory declaration in respect of the obstetric c... Read more  

Summary Although not his final judgment, a delay in getting the case to Bailli means that the final published judgment of Mostyn J  is the conclusion to the story of Beatrice, the story of a 50-year-old woman with profound and enduring thirty year l... Read more  

Summary This case concerned ‘Beatrice,’ who was 50 years old; the second respondent, ‘Edward’   was her father. An application was made by North East London NHS Foundation for declarations that a palliative care plan for Beatrice which would withdra... Read more  

Testamentary capacity – common law and statutory tests – whether Banks v Goodfellow and Mental Capacity Act 2005 tests could be reconciled  A man had had three children and eight grandchildren and had had two partners who had died before him.  He ma... Read more  

HHJ Tindal in Baker & Anor v Hewston [2023] EWHC 1145 (Ch) has ambitiously sought to undertake a Hegelian synthesis between the contrasting positions taken by Chancery and Court of Protection lawyers to the approach to take to testamentary capaci... Read more  

Hayden J has returned to the vexed question of s.49 reports.  As Hayden J noted:  8. In December 2022, I met with the NHS Mental Health Directors. Concern had been expressed about the burden experienced by the medical profession in reports requested... Read more  

Summary This case concerned ineligibility for detention under the Mental Capacity Act under Schedule 1A MCA, and, in particular, the extent to which the court is bound to accept conclusions of the professionals involved.  The case related to a 17-ye... Read more  

Jurisdiction – injunction – whether jurisdiction to make injunctions to prevent third parties from disposing of assets in which others allege a protected person has an interest In the context of a dispute about the proceeds of sale of a house which ... Read more