FT v MM and RM

Mental Capacity Law Cases

FT v MM and RM


In this case, Russell J highlighted a real – and problematic – difference between the ability of the English courts to protect adults abroad and children.  In 2016 a child… Read more »

CategoryOther Date

OPG v PGO, MAB, MJD


Summary P had executed 2 LPAs, one welfare, one property and affairs, but the signature of P was witnessed by one of the proposed attorneys. The LPA was registered but… Read more »

CategoryLasting Powers of Attorney - Revocation Date

NKR & Usha Sood v The Thomson Snell and Passmore Trust Corporation Limited


Summary In this case P was a child with cerebral palsy with the consequence that he it was unlikely he would have capacity to manage his property and affairs when… Read more »

CategoryDeputies - Financial and property affairs Date

Hounslow CCG v RW


Summary[1] In the sequel to the case of Re RW Hayden J had to consider what arrangements should be made for RW, a 78 year old with vascular dementia, many… Read more »

CategoryBest interests - Medical treatment Date

East Lancashire Hospitals NHS Trust v PW


Summary The decision in this case is of real importance for its reminder of the obligations on treating hospitals where an application may need to be made in relation to… Read more »

CategoryBest interests - Medical treatment Date

DCC v NLH


In this case Baker J (as he then was, although the judgment was given after he had become a Court of Appeal judge) considered an application for an order permitting… Read more »

CategoryBest interests - Medical treatment Date

LB Hackney v SJF


Summary This case concerned the care and residence of a 56 year old woman with significant physical health problems as well as schizophrenia and a learning disability.  She had lived… Read more »

CategoryBest interests - Residence, Mental capacity - Contact, Mental capacity - Residence Date

PBM v TGT & X Local Authority


Summary This case concerned the questions of capacity to marry, enter into a prenuptial agreement and also disclosure of the extent of assets managed by a property and affairs deputy. … Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Marriage, Mental capacity - Finance Date

CB v Medway Council & Anor


Summary This unusual appeal against dismissal of a s.21A application clarifies the (very limited) circumstances under which it could ever been appropriate to dismiss such applications on a summary basis…. Read more »

CategoryMental capacity - Assessing capacity, Article 5 ECHR - DOLS authorisations, Mental capacity - Contact, Mental capacity - Residence, Social Media Date

Re A (Capacity: Social Media and Internet Use: Best Interests); Re B(Capacity: Social Media: Care and Contact)


Summary[1] In two linked judgments, Cobb J has outlined the relevant, and irrelevant, information for purposes of deciding whether a person has capacity to make decisions about internet and social… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Residence, Social Media Date

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