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The Patient, who was tetraplegic and currently residing in hospital, wanted to return home but the LA was unable and unwilling to fund the cost of this. At this hearing, Mr Justice Holman questioned the relevance of a further hearing to determine whether or not the Patient had capacity to decide on his living arrangements, especially with regard to the cost to the state - the question of the capacity of the Patient to make decisions with regard to his care may be a very abstract one since he may have very little room for capacitous choice.
Read the full text of the judgment on Bailii Text of an intriguing speech by Mr Justice Baker on the role of the Court of Protection, in particular analysis of Bland and where we are now on the question of whether judges are the right people to decide such issues.
You can download the full text via this link. A committal order was made in a case where the P's friend had removed him to Portugal and had not complied with court orders to return him to the UK. The order was suspended for 7 days to give the friend a chance to finally comply.
Read the full text of the judgment on Bailii Appeal against decisions made by Senior Judge Lush regarding powers of attorney which had been drafted by the same solicitor and which contained provisions which the Judge was asked to rule on, as to whether they were effective. Appeal allowed.
Read the full text of the judgment on Bailii The court had to decide whether the treatment of P's mental health meant that she was ineligible for a standard authorisation pursuant to Schedule 1 A Mental Capacity Act 2005.
Read the full text of the judgment on Bailii |
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