QJ v A Local Authority & Anor

QJ v A Local Authority & Anor

The court found that the presumption of capacity had not been rebutted on the balance of probabilities; QJ is capacitous to make decisions about his nutrition, hydration, and medical treatment, as his reluctance to answer questions is a choice and not evidence of incapacity.

Parties
Applicant: QJ; 1st Respondent: A Local Authority; 2nd Respondent: An NHS Trust
Jurisdiction
England and Wales
Judgment Date
29 January 2020
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Judgment on Capacity to Make Medical Treatment Decisions
Outcome
QJ is found to have capacity to make decisions about his nutrition, hydration, and medical treatment.
Legal Topics
Capacity Assessment, Medical Treatment Decisions, Autonomy, Dementia, Best Interests
Mental Capacity Law Health Law Capacity Assessment Medical Treatment Decisions Autonomy Dementia Best Interests

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Parties

QJ

Applicant

A Local Authority

1st Respondent

An NHS Trust

2nd Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Judgment on Capacity to Make Medical Treatment Decisions

Legal Issues

  1. 1 Whether QJ has capacity to make decisions about nutrition, hydration, medical treatment, and hospital admission

Ratio Decidendi

The court found that the presumption of capacity had not been rebutted on the balance of probabilities; QJ is capacitous to make decisions about his nutrition, hydration, and medical treatment, as his reluctance to answer questions is a choice and not evidence of incapacity.

Court Disposition

QJ is found to have capacity to make decisions about his nutrition, hydration, and medical treatment.

Orders

  • No further best interests evaluation required as QJ is capacitous.
  • Treatment plan to be followed as agreed with QJ and medical team.