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 in respect of costs within proceedings brought under Section 21A of the Mental Capacity Act 2005 was dismissed.
The court ruled that the P's LPAs were invalid as one of the attorneys had witnessed the donor's signature. The registration was cancelled.
Guidance has been given on the taking of samples from a person who does not have the capacity to consent.
Can, or should, the court appoint as deputy the holder of a specified office or position (as distinct from a named individual holding such office at the time of the appointment)? Yes, as long as certain conditions are met.
An application was made by the current holder of the post for the appointment of “The Head of Business Development & Client Finance” of Focus Independent Adult Social Work C.I.C. as property and affairs deputy for the P. The court had to decide whether the current holder of such a post, as opposed to a named individual, could be appointed as deputy, and, if they could, whether there should be any specific requirements in the order of appointment in respect of notification to the court and/or the OPG of any change to the holder of the office of Head of Business Development and Client Finance at the Applicant company.
The court held that such an appointment could be made on condition that the deputyship order shall specifically include requirements that the holder of the post of Head of Business Development & Client Finance at the date of the appointment notifies the Public Guardian forthwith if:
Read the full text of the judgment on Bailii
A scathing judgment where the Judge made critical findings against the London Borough of Lambeth and Lambeth CCG for their handling of the repatriation of the P to Colombia.
Case summaries & Editor's comments on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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