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The Local Authority v A (2019) EWCOP 68: Difference between revisions

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{{Case
{{Case
|Date=2019/06/18
|Date=2019-06-18
|NCN=[2019] EWCOP 68
|NCN=[2019] EWCOP 68
|Essex issue=128
|Essex issue=128
Line 7: Line 7:
|Judges=Moir
|Judges=Moir
|Parties=The Local Authority, A, B, The Hospital Trust
|Parties=The Local Authority, A, B, The Hospital Trust
|Judicial history=*[[Re A (Covert Medication: Closed Proceedings) (2022) EWCOP 44]]
|Judicial history=*[[Re A (Covert Medication: Residence) (2024) EWCA Civ 572]] (CA)
*[[A Local Authority v A (2020) EWCOP 76]]
*[[Re A (Covert Medication: Residence) (2024) EWCOP 19]] (Poole J)
*[[The Local Authority v A (2019) EWCOP 68]]
*[[Re A (Covert Medication: Closed Proceedings) (2022) EWCOP 44]] (Poole J)
*[[A Local Authority v A (2020) EWCOP 76]] (HHJ Moir)
*Unpublished judgment, 17/6/20 (HHJ Moir)
*[[The Local Authority v A (2019) EWCOP 68]] (HHJ Moir)
|Sentence=Capacity
|Sentence=Capacity
|Summary=(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.
|Summary=(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.
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|Subject=Medical treatment cases,Other LPA cases
|Subject=Medical treatment cases,Other LPA cases
|News=Yes
|News=Yes
|RSS pubdate=2023/03/24 09:17:26 PM
|RSS pubdate=2023-03-24 09:17:26 PM
}}
}}

Latest revision as of 12:24, 14 October 2024

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

Essex newsletter 128.pdf
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:

CASES DATABASE

Full judgment: BAILII

Subject(s):

  • Medical treatment cases🔍
  • Other LPA cases🔍

Date: 18/6/19🔍

Court: Court of Protection🔍

Judicial history:

Judge(s):

Parties:

Citation number(s):

What links here:

Published: 24/3/23 21:27

Cached: 2025-04-09 06:20:04

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