ADS v DSM  EWCOP 8
Appeal against the making of a statutory will which divided the Patient's estate between the two sons in the ratio 25:75. The appeal was allowed.
An application by a medical Trust seeking a declaration that it would be in a patient's best interests not to undergo treatment but rather to be provided with palliative care only.
The patient, R, suffers from chronic paranoid schizophrenia and been diagnosed with an incurable brain tumour. It was uncontested that he lacks capacity to conduct the proceedings or to make medical decisions about the medical treatment for his brain tumour by reason of the disturbance in the function of his mind or brain.
In this judgment, Baker J sets out the relevant principles from the MCA 2005 and the Code of Practice and, following the decision in Aintree, agrees to make the declaration as requested.
Read the full judgment on Bailii.
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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