A v AG and CI (No. 2) (Rev 1) [2021] EWCOP 5 (22 January 2021)

A v AG and CI (No. 2) (Rev 1) [2021] EWCOP 5 (22 January 2021)

AG lacks capacity to make decisions regarding litigation, residence, care and support, management of property and affairs, and marriage/divorce due to her inability to understand, retain, and weigh relevant information as a result of frontal lobe dementia. However, AG has capacity to make decisions regarding contact with others and engagement in sexual relations, as she demonstrates sufficient understanding and ability to weigh relevant information in these areas.

Citation
[2021] EWCOP 5
Parties
Applicant: AMDC; First Respondent: AG; Second Respondent: CI
Jurisdiction
England and Wales
Judgment Date
22 January 2021
Procedural Posture
Court of Protection Mental Capacity / Final Judgment on Capacity, Post Expert Evidence
Outcome
Declaration of capacity and incapacity in specified areas; directions for best interests meeting and care planning; authority to terminate tenancy subject to agreement or court order.
Legal Topics
Capacity to Litigate, Capacity to Decide Residence, Capacity to Decide Care and Support, Capacity to Decide Contact, Capacity to Manage Property and Affairs, Capacity to Engage in Sexual Relations, Capacity to Marry, Deprivation of Liberty, Best Interests, Expert Evidence
Mental Capacity Law Family Law Health and Social Care Law Capacity to Litigate Capacity to Decide Residence Capacity to Decide Care and Support Capacity to Decide Contact Capacity to Manage Property and Affairs +5 more

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Parties

AMDC

Applicant

AG

First Respondent

CI

Second Respondent

Procedural Posture

Court of Protection Mental Capacity / Final Judgment on Capacity, Post Expert Evidence

Legal Issues

  1. 1 Whether AG lacks capacity to make decisions regarding litigation, residence, care and support, contact, management of property and affairs, engagement in sexual relations, and marriage/divorce

Ratio Decidendi

AG lacks capacity to make decisions regarding litigation, residence, care and support, management of property and affairs, and marriage/divorce due to her inability to understand, retain, and weigh relevant information as a result of frontal lobe dementia. However, AG has capacity to make decisions regarding contact with others and engagement in sexual relations, as she demonstrates sufficient understanding and ability to weigh relevant information in these areas.

Court Disposition

Declaration of capacity and incapacity in specified areas; directions for best interests meeting and care planning; authority to terminate tenancy subject to agreement or court order.

Orders

  • Declaration that AG lacks capacity to make decisions regarding litigation, residence, care and support, management of property and affairs, and marriage/divorce.
  • Declaration that AG has capacity to make decisions regarding contact with others and engagement in sexual relations.