AB, Re [2016] EWCOP 66 (20 December 2016)

AB, Re [2016] EWCOP 66 (20 December 2016)

Given AB's lack of capacity, her past willingness to accept HIV treatment, and the life-saving nature of anti-retroviral medication, it is in her best interests to authorise administration of medication by deception, with regular reviews.

Citation
[2016] EWCOP 66
Parties
Subject: AB
Jurisdiction
England and Wales
Judgment Date
20 December 2016
Procedural Posture
Court of Protection / Final Order Approval
Outcome
Order approved
Legal Topics
Best Interests, Deception in Medical Treatment, Administration of Medication, Mental Capacity Act 2005, HIV Treatment
Mental Capacity Law Medical Law Best Interests Deception in Medical Treatment Administration of Medication Mental Capacity Act 2005 HIV Treatment

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Parties

AB

Subject

Procedural Posture

Court of Protection / Final Order Approval

Legal Issues

  1. 1 Whether it is in AB's best interests to authorise administration of HIV medication by deception due to her lack of capacity and refusal to consent
  2. 2 How to weigh AB's past and present wishes and feelings under the Mental Capacity Act 2005

Ratio Decidendi

Given AB's lack of capacity, her past willingness to accept HIV treatment, and the life-saving nature of anti-retroviral medication, it is in her best interests to authorise administration of medication by deception, with regular reviews.

Court Disposition

Order approved

Orders

  • Authorisation of administration of anti-retroviral medication to AB by deception
  • Provision for frequent reviews, with at least annual review even if no triggering event occurs