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.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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