PS v LP

PS v LP

LP's past wishes and feelings, as expressed to the police, in her will, and in her letter of wishes, were genuine, voluntary, and made with capacity. There is insufficient evidence of undue influence, duress, or lack of capacity. The best interests of LP require that her wishes be respected and that contact with her family not be restored at this time. Any interference with Article 8 rights is reasonable and proportionate.

Parties
Applicant: PS; Respondent: LP
Jurisdiction
England and Wales
Judgment Date
06 February 2013
Procedural Posture
Court of Protection / Judgment
Outcome
Contact between LP and her family is not to be restored at present; LP's wishes are to be respected.
Legal Topics
Best Interests Determination, Contact With Family, Mental Capacity Act 2005, Article 8 ECHR, Undue Influence, Authorship of Documents
Mental Capacity Family Law Human Rights Best Interests Determination Contact With Family Mental Capacity Act 2005 Article 8 ECHR Undue Influence +1 more

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Parties

PS

Applicant

LP

Respondent

Procedural Posture

Court of Protection / Judgment

Legal Issues

  1. 1 Whether it is in LP's best interests to have contact with her family
  2. 2 Whether LP's past wishes and feelings regarding contact were genuine and should be respected
  3. 3 Whether there was undue influence or lack of capacity when LP expressed her wishes and executed documents

Ratio Decidendi

LP's past wishes and feelings, as expressed to the police, in her will, and in her letter of wishes, were genuine, voluntary, and made with capacity. There is insufficient evidence of undue influence, duress, or lack of capacity. The best interests of LP require that her wishes be respected and that contact with her family not be restored at this time. Any interference with Article 8 rights is reasonable and proportionate.

Court Disposition

Contact between LP and her family is not to be restored at present; LP's wishes are to be respected.

Orders

  • No contact between LP and her family unless LP is able to express a wish for it in the future.
  • The extended family is to be kept informed of developments approximately every six months regarding LP's ability to express wishes about contact.