PS v LP [2013] EWCOP 1106 (06 February 2013)

PS v LP [2013] EWCOP 1106 (06 February 2013)

LP's wishes and feelings, as expressed prior to her loss of capacity, were genuine, voluntary, and not the product of undue influence or incapacity. There is insufficient evidence to displace those wishes or to find that contact with her family would be in her best interests. The best interests test under the Mental Capacity Act 2005, s.4(6), requires giving great weight to those wishes, and the evidence does not justify overriding them. Accordingly, contact with the family should not be ordered.

Citation
[2013] EWCOP 1106
Parties
Applicant: PS; Respondent: LP
Jurisdiction
England and Wales
Judgment Date
06 February 2013
Procedural Posture
Court of Protection Welfare / Final Judgment on Contact and Best Interests
Outcome
Application for contact refused; no order for contact between LP and her family.
Legal Topics
Best Interests Determination, Contact With Family, Mental Capacity Act 2005, Article 8 ECHR, Undue Influence, Forensic Linguistics Evidence
Mental Capacity Law Family Law Human Rights Best Interests Determination Contact With Family Mental Capacity Act 2005 Article 8 ECHR Undue Influence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

PS

Applicant

LP

Respondent

Procedural Posture

Court of Protection Welfare / Final Judgment on Contact and Best Interests

Legal Issues

  1. 1 Whether it is in LP's best interests to have contact with her family, particularly PS and BP
  2. 2 Whether LP's wishes and feelings prior to her loss of capacity were genuine and should be determinative
  3. 3 Whether the will and letter of wishes were the product of undue influence or forgery by PP

Ratio Decidendi

LP's wishes and feelings, as expressed prior to her loss of capacity, were genuine, voluntary, and not the product of undue influence or incapacity. There is insufficient evidence to displace those wishes or to find that contact with her family would be in her best interests. The best interests test under the Mental Capacity Act 2005, s.4(6), requires giving great weight to those wishes, and the evidence does not justify overriding them. Accordingly, contact with the family should not be ordered.

Court Disposition

Application for contact refused; no order for contact between LP and her family.

Orders

  • No contact between LP and her family, including PS and BP, is to be ordered at this time.
  • The current care and residence arrangements for LP remain unchanged.