LBL v RYJ & Anor

LBL v RYJ & Anor

The presumption of capacity is not displaced in RYJ's case regarding care, contact, residence, and education. The evidence does not establish that she is exceptionally vulnerable or unable to withstand external pressure to a degree that would affect her capacity. The inherent jurisdiction cannot be used to override her autonomy in these matters. VJ's appointment as appointee for benefits is reasonable and there is no basis for the court to substitute another appointee at this time.

Parties
Applicant: LBL; 1st Respondent: RYJ; 2nd Respondent: VJ
Jurisdiction
England and Wales
Judgment Date
22 September 2010
Procedural Posture
Family / Judgment After Hearing on Capacity and Welfare Applications
Outcome
Declarations/orders made: RYJ has capacity to make decisions about care, contact, residence, and education; inherent jurisdiction not invoked; VJ remains appointee for benefits.
Legal Topics
Capacity to Make Welfare Decisions, Inherent Jurisdiction, Appointment of Appointee for Benefits, Special Educational Needs
Mental Capacity Family Law Capacity to Make Welfare Decisions Inherent Jurisdiction Appointment of Appointee for Benefits Special Educational Needs

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Parties

LBL

Applicant

RYJ

1st Respondent

VJ

2nd Respondent

Procedural Posture

Family / Judgment After Hearing on Capacity and Welfare Applications

Legal Issues

  1. 1 Whether RYJ lacks capacity to make decisions regarding care, contact, residence, and education
  2. 2 Whether the inherent jurisdiction of the court can be invoked to override RYJ's autonomy
  3. 3 Whether VJ should be replaced as appointee for RYJ's benefits

Ratio Decidendi

The presumption of capacity is not displaced in RYJ's case regarding care, contact, residence, and education. The evidence does not establish that she is exceptionally vulnerable or unable to withstand external pressure to a degree that would affect her capacity. The inherent jurisdiction cannot be used to override her autonomy in these matters. VJ's appointment as appointee for benefits is reasonable and there is no basis for the court to substitute another appointee at this time.

Court Disposition

Declarations/orders made: RYJ has capacity to make decisions about care, contact, residence, and education; inherent jurisdiction not invoked; VJ remains appointee for benefits.

Orders

  • RYJ determined to have capacity regarding care, contact, residence, and education.
  • No orders made under inherent jurisdiction to override RYJ's autonomy.