Application by health trust to approve a care plan, prepared by P’s daughter and a consultant surgeon, for P who is 71, suffering from a cancer in the mouth that, if left untreated, would be painfully fatal and who lacks capacity to decide on medical treatment. Application approved.
Application for costs where the Public Guardian had sought orders to replace the applicant as attorney and the original suspension of the LPA had been overturned. An order for 50% of costs was made.
Judgement, following an earlier extempore judgment by Hayden J, concerning the framework of applicable law where the Court is faced with making an anticipatory decision that may result in the deprivation of P’s liberty should they lose a capacity in the future, where the matter was urgent and where the health of an unborn child was also at stake.
Application for a declaration that PS lacks capacity to make decisions about contact and, if so, to order that it is in her best interests not to have contact with HS, her former husband.
Application by a mother, who is subject to a civil restraint order, for permission to make a substantive application concerning contact with D, her 20 year-old son who is severely impaired by autism and who is cared for by his father and stepmother. Application refused.
Judgment relating to costs arising from an application by TQ to be made to be made a health and welfare deputy. She is the former key worker for P. P has a life long diagnosis of Lennox-Gastaut Syndrome (a severe form of epilepsy), cannot walk, requires 24 hour care and has no contact with family members.
Application by local authority for declarations that PWK, who suffers from autism and learning difficulties, lacked capacity in six areas, including over where to reside and about use or possession of a car, in circumstances where he had fluctuating capacity.
Judgment on preliminary issue concerning jurisdiction in proceedings relating to QD, diagnosed with Alzheimer’s and Parkinson’s who was living with his second wife (KD) in Spain but who flew back to the UK in the company and his son (TD) and daughter (BS) without the wife’s knowledge. They subsequently applied for a range of orders relating to QD’s care that are opposed by KD.
An application by JK, the son of Z, for access to various court documents and expert reports relating to declarations made in November 2018. JK was not a party to those proceedings (even though he could have been) and Morgan J had found that Z lacked capacity to manage his property and financial affairs. Application refused.
The court had to decide where the P should live as his foster placement was coming to an end.
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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