The Local Authority v A (2019) EWCOP 68

Capacity (1) A lacked capacity in relation to residence, care, contact, and medical treatment, and to execute an LPA. (2) The LPA was invalid for want of capacity. (3) The living will was similarly invalid as an ADRT, and invalid as an expression of her wishes and feelings as there was good reason to doubt its accuracy. (4) It was in A's best interests to: (a) receive treatment for epilepsy, primary ovarian failure and vitamin D deficiency; and (b) have care and support, and contact with her mother and grandparents, in accordance with the relevant plan and declarations.

Note

Published on BAILII on 7/11/22.

Essex

This case has been summarised on page 12 of 39 Essex Chambers, 'Mental Capacity Report' (issue 128, December 2022).

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This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 101, February 2020)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 131, May 2023)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 138, April 2024)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Medical treatment cases🔍
• Other LPA cases🔍

Date: 18/6/19🔍

Court: Court of Protection🔍

Judicial history:

• Re A (Covert Medication: Closed Proceedings) [2022] EWCOP 44
• A Local Authority v A [2020] EWCOP 76
• The Local Authority v A [2019] EWCOP 68

Judge(s):

• Moir🔍

Parties:

• The Local Authority🔍
• A🔍
• B🔍
• The Hospital Trust🔍

Citation number(s):

• [2019] EWCOP 68^B

What links here:

• Re A (Covert Medication: Closed Proceedings) [2022] EWCOP 44
• 39 Essex Chambers, 'Mental Capacity Report' (issue 128, December 2022)
• A Local Authority v A [2020] EWCOP 76
• Re A (Covert Medication: Residence) [2024] EWCOP 19
• Re A (Covert Medication: Residence) [2024] EWCA Civ 572

Published: 24/3/23 21:27

Cached: 2025-04-26 12:35:22