A v AG and CI (No. 2) (Rev 1)

A v AG and CI (No. 2) (Rev 1)

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

Parties
Applicant: AMDC; First Respondent: AG (By her ALR, Alison Kaye); Second Respondent: CI
Jurisdiction
England and Wales
Judgment Date
22 January 2021
Procedural Posture
Mental Capacity Application / Judgment on Capacity Following Expert Report
Outcome
Application granted in part; declarations made as to AG’s capacity in each domain.
Legal Topics
Capacity to Litigate, Capacity to Marry, Capacity to Engage in Sexual Relations, Capacity to Manage Property and Affairs, Capacity to Decide Residence and Care, Deprivation of Liberty
Mental Capacity Law Health Law Capacity to Litigate Capacity to Marry Capacity to Engage in Sexual Relations Capacity to Manage Property and Affairs Capacity to Decide Residence and Care Deprivation of Liberty

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Parties

AMDC

Applicant

AG (By her ALR, Alison Kaye)

First Respondent

CI

Second Respondent

Procedural Posture

Mental Capacity Application / Judgment on Capacity Following Expert Report

Legal Issues

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

Ratio Decidendi

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

Court Disposition

Application granted in part; declarations made as to AG’s capacity in each domain.

Orders

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