PS, Re (Severe Short Term Memory Loss: Capacity to Engage in Sexual Relations) [2024] EWCOP 42 (T2) (16 August 2024)

PS, Re (Severe Short Term Memory Loss: Capacity to Engage in Sexual Relations) [2024] EWCOP 42 (T2) (16 August 2024)

PS lacks capacity to make decisions regarding residence, care, alcohol consumption, and contact, but retains capacity to consent to sexual relations with WP, provided a protective care plan is implemented. The presumption of capacity was not displaced for sexual relations, given PS's understanding of the mechanics, consent, and identity of her partner within a monogamous relationship.

Citation
[2024] EWCOP 42
Parties
Applicant: PS; First Respondent: A Local Authority; Second Respondent: WP; Third Respondent: DT; Fourth Respondent: RS
Jurisdiction
England and Wales
Judgment Date
16 August 2024
Procedural Posture
Court of Protection Capacity Determination / Final Judgment
Outcome
PS found to lack capacity for residence, care, alcohol consumption, and contact; retains capacity for sexual relations with WP.
Legal Topics
Capacity to Consent to Sexual Relations, Alcohol Related Amnesia, Care Planning, Deputyship, Safeguarding
Mental Capacity Health Law Family Law Capacity to Consent to Sexual Relations Alcohol Related Amnesia Care Planning Deputyship Safeguarding

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Parties

PS

Applicant

A Local Authority

First Respondent

WP

Second Respondent

DT

Third Respondent

RS

Fourth Respondent

Procedural Posture

Court of Protection Capacity Determination / Final Judgment

Legal Issues

  1. 1 Does PS lack capacity to make decisions regarding residence, care, alcohol consumption, contact, and sexual relations?
  2. 2 Does PS have capacity to consent to sexual relations with WP despite severe short-term memory loss?

Ratio Decidendi

PS lacks capacity to make decisions regarding residence, care, alcohol consumption, and contact, but retains capacity to consent to sexual relations with WP, provided a protective care plan is implemented. The presumption of capacity was not displaced for sexual relations, given PS's understanding of the mechanics, consent, and identity of her partner within a monogamous relationship.

Court Disposition

PS found to lack capacity for residence, care, alcohol consumption, and contact; retains capacity for sexual relations with WP.

Orders

  • Parties to formulate an order encapsulating judgment.
  • Deputyship order to replace defective LPAs for property and affairs.