DMM, Re (Alzheimer's : marriage : power of attorney ) [2017] EWCOP 33 (2 October 2017)

DMM, Re (Alzheimer's : marriage : power of attorney ) [2017] EWCOP 33 (2 October 2017)

DMM has capacity to marry because he understands that marriage will revoke his will, that he may not be able to make a new will, and that this will affect the financial position of his children and the First Respondent.

Citation
[2017] EWCOP 33
Parties
Applicant: EJ; First Respondent: SD; Second Respondent: DMM (by his litigation friend, the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
02 October 2017
Procedural Posture
Court of Protection / Judgment After Hearing on Capacity to Marry
Outcome
DMM has capacity to marry.
Legal Topics
Capacity to Marry, Effect of Marriage on Wills, Undue Influence, Mental Capacity Act
Mental Capacity Law Family Law Capacity to Marry Effect of Marriage on Wills Undue Influence Mental Capacity Act

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Parties

EJ

Applicant

SD

First Respondent

DMM (by his litigation friend, the Official Solicitor)

Second Respondent

Procedural Posture

Court of Protection / Judgment After Hearing on Capacity to Marry

Legal Issues

  1. 1 Does DMM, who suffers from Alzheimer's Disease, have the capacity to marry?
  2. 2 Is understanding the effect of marriage on a previous will necessary for capacity to marry?
  3. 3 Was there undue influence on DMM or the expert witness?

Ratio Decidendi

DMM has capacity to marry because he understands that marriage will revoke his will, that he may not be able to make a new will, and that this will affect the financial position of his children and the First Respondent.

Court Disposition

DMM has capacity to marry.

Orders

  • Order that DMM has capacity to marry to come into effect at the end of Friday, with a stay until then to allow for possible appeal.