PBM v TGT & Anor [2019] EWCOP 6 (08 March 2019)

PBM v TGT & Anor [2019] EWCOP 6 (08 March 2019)

PBM has capacity to marry, make a will, and enter into a prenuptial agreement. He lacks capacity to manage his property and affairs generally, but has capacity to decide whether he should be informed about the extent of his assets. Disclosure of assets is in his best interests. The Local Authority has fulfilled its statutory duties regarding assessment and safeguarding.

Citation
[2019] EWCOP 6
Parties
Applicant: PBM; 1st Respondent: TGT; 2nd Respondent: X Local Authority
Jurisdiction
England and Wales
Judgment Date
08 March 2019
Procedural Posture
Court of Protection / Final Judgment
Outcome
Declarations made as to PBM's capacity; Deputyship to continue; orders for disclosure of assets and further support.
Legal Topics
Capacity to Marry, Capacity to Enter Prenuptial Agreement, Capacity to Make a Will, Capacity to Manage Property and Affairs, Disclosure of Assets, Adult Safeguarding, Care and Support Assessment
Mental Capacity Family Law Social Services Capacity to Marry Capacity to Enter Prenuptial Agreement Capacity to Make a Will Capacity to Manage Property and Affairs Disclosure of Assets +2 more

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Parties

PBM

Applicant

TGT

1st Respondent

X Local Authority

2nd Respondent

Procedural Posture

Court of Protection / Final Judgment

Legal Issues

  1. 1 Does PBM have capacity to marry?
  2. 2 Does PBM have capacity to enter into a prenuptial agreement?
  3. 3 Does PBM have capacity to make a will?

Ratio Decidendi

PBM has capacity to marry, make a will, and enter into a prenuptial agreement. He lacks capacity to manage his property and affairs generally, but has capacity to decide whether he should be informed about the extent of his assets. Disclosure of assets is in his best interests. The Local Authority has fulfilled its statutory duties regarding assessment and safeguarding.

Court Disposition

Declarations made as to PBM's capacity; Deputyship to continue; orders for disclosure of assets and further support.

Orders

  • Interim declaration that PBM lacks capacity to marry discharged; caveat under Marriage Act 1949 to be removed forthwith.
  • Declaration that PBM has capacity to enter into a prenuptial agreement and to make a will.