Judgment concerning capacity and best interests of TS, together with an application for a deprivation of liberty order, who has a delusional disorder but needs to have a pacemaker fitted.
TS was in a Catch 22 situation as unless he receives antipsychotic medication, the delusional disorder will not improve and he will not be able to regain capacity, but he cannot receive certain types of antipsychotic medication until the pacemaker is fitted due to his heart condition. The delusions TS exhibits centre sound claims that he has been persecuted by various police, medical and local authorities over the years and at the time of the hearing, he did not believe he had any mental health problems.
After reviewing the relevant law around capacity and best interests, Peel J agrees with the clinicians that TS lacks capacity and that it is in his best interest to have the pacemaker fitted against his will broadly because:
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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