AB, Re

AB, Re

Given AB's lack of capacity, her past acceptance of treatment, and the life-saving nature of anti-retroviral medication, the court authorises treatment by deception as being in her best interests, giving little weight to her current wishes due to her delusional state.

Parties
Subject: AB; Litigation Friend: Official Solicitor; Applicant: NHS Trust
Jurisdiction
England and Wales
Judgment Date
20 December 2016
Procedural Posture
Court of Protection / Judgment on Agreed Order
Outcome
Order approved and made as agreed by all parties
Legal Topics
Best Interests, Medical Treatment, Deception in Treatment, Hiv/aids, Mental Incapacity
Mental Capacity Health Law Best Interests Medical Treatment Deception in Treatment Hiv/aids Mental Incapacity

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Parties

AB

Subject

Official Solicitor

Litigation Friend

NHS Trust

Applicant

Procedural Posture

Court of Protection / Judgment on Agreed Order

Legal Issues

  1. 1 Whether it is in AB's best interests to receive anti-retroviral treatment for HIV via deception due to her lack of capacity and strong opposition to treatment
  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 acceptance of treatment, and the life-saving nature of anti-retroviral medication, the court authorises treatment by deception as being in her best interests, giving little weight to her current wishes due to her delusional state.

Court Disposition

Order approved and made as agreed by all parties

Orders

  • Anti-retroviral treatment for AB is authorised, to be administered by deception as set out in the order.
  • Frequent reviews are required, with a default of annual reviews even if no triggering event occurs.