Various Incapacitated Persons, Re (Appointment of Trust Corporations As Deputies) [2018] EWCOP 330/1/2018
Judgment looking at the Court’s concerns, where an application has been made to appoint a Trust Corporation as a Deputy, about the information required for the Court to be satisfied that the corporation is a fit and proper legal person to hold such appointment.
In a previous judgment in which the court concluded there is a requirement that the person should be able to understand, retain, use and weigh information as to the reasonably foreseeable financial consequences of a marriage, including that the marriage would automatically revoke the person's will, the court ruled that the P had capacity to consent to marry his long term partner.
Does the fact that a second marriage would revoke an existing will be information that a person should be able to understand, retain, use and weigh to have capacity to marry? The court concluded that it was.
Charles J judgment in which he tackles streamlined (Re X) non-contentious deprivation of liberty cases and the problem where no family members or friends of the Patient are able or willing to act as Rule 3A (now Rule 1.2) Representatives.
|
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
Support the Hub
This site is free to access but if you find it useful then please consider a contribution by way of support for our work. Click here to contribute. Sign up for our free email alertWe do not share your details with any third parties and you can unsubscribe at any time
More from Bath PublishingBrowse |
RSS Feed
