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The court ratified past and future gifts from the P's estate according to the OS's submissions.
Declarations made that it was in the P's best interests for the insertion of a tracheostomy and associated treatment at the direction of the treating team.
Even if an incapacitious person regains capacity during the relevant period, he cannot, as a matter of law, enter into a binding agreement to dispose of or deal with property.
The P suffers from what is referred to as 'general global learning difficulty' and 'an impairment' in relation to her facility to communicate with others. She has been, at least historically, assisted by using the Makaton sign language. Her sentences are limited. She has been married to her husband for nearly 30 years and they have a 20 year old daughter. The question before the court was whether or not she had capacity to consent to sexual relations.
The judgment is important in that the question of whether the test for capacity to consent to sexual relationships is general and issue specific, rather than person or event specific was discussed in detail. Read the full text of the judgment on Bailii Application by NHS Trust for the court to make an anticipatory and contingent declaration in the event that the pregnant P became incapacitated. The application was granted.
Application by an NHS Trust for an order in respect of a 24 year old pregnant woman who the Trust say lacks capacity and in whose best interests it is said to have a termination of pregnancy.
Application brought by an NHS Trust for declarations whether it is in JP's best interests to: i) deliver her baby via a Caesarean section under general anaesthetic; ii) to be transferred to hospital from her home in accordance with the transfer plan; and iii) not inform her of the outcome of these proceedings.
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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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