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Judgment concerning capacity to litigate and best interests of SJ who has life-threatening uncontrolled diabetes and paranoid schizophrenia. SJ is 65 years old and has been insulin-dependent since 2006 to manage diabetes Having been found unresponsive at home following a bout of hyperglycaemia in 2022, SJ was admitted to hospital and a standard DoLS made. The court authorised a transfer to a placement where SJ remains. SJ denies suffering from delusional beliefs caused by schizophrenia.
After reviewing the law and the expert evidence, HHJ Muzaffer finds at [90-91] SJ does lack capacity in the relevant areas and goes on to decide best interests. He rejects a proposal to trial care at home as he does not 'accept that the risks to SJ are manageable to any acceptable degree' and that SJ's best interests are to continue to reside at the current placement. Read the judgment on Bailii Comments are closed.
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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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