SCC v LM & Ors [2013] EWCOP 1137 (12 April 2012)

SCC v LM & Ors [2013] EWCOP 1137 (12 April 2012)

JM lacks capacity to make decisions regarding residence, care, contact, and property/affairs due to advanced dementia. His best interests require continued residence at AH under a 24-hour EMI care package, supervised and graded contact with WM, unrestricted contact with IM and EM, and appointment of a local authority officer as deputy for property and affairs. Removal from the jurisdiction or to WM's care is not in his best interests. Injunctions against removal and publicity are necessary to protect JM.

Citation
[2013] EWCOP 1137
Parties
Applicant: SCC; 1st Respondent: LM; 2nd Respondent: IM; 3rd Respondent: WM; 4th Respondent: EM
Jurisdiction
England and Wales
Judgment Date
12 April 2012
Procedural Posture
Court of Protection Welfare and Property/affairs Application / Final Judgment
Outcome
Application granted in full for SCC; all substantive orders made as sought by the applicant.
Legal Topics
Deprivation of Liberty Safeguards, Best Interests, Deputyship, Contact Arrangements, Injunctions, Contempt of Court
Mental Capacity Family Law Adult Social Care Deprivation of Liberty Safeguards Best Interests Deputyship Contact Arrangements Injunctions +1 more

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Parties

SCC

Applicant

LM

1st Respondent

IM

2nd Respondent

WM

3rd Respondent

EM

4th Respondent

Procedural Posture

Court of Protection Welfare and Property/affairs Application / Final Judgment

Legal Issues

  1. 1 Whether JM lacks capacity to make decisions regarding residence, care, contact, and property/affairs under the Mental Capacity Act 2005
  2. 2 What arrangements are in JM's best interests regarding residence, care, contact, and deputyship
  3. 3 Whether any party should be appointed as deputy for JM's property and affairs

Ratio Decidendi

JM lacks capacity to make decisions regarding residence, care, contact, and property/affairs due to advanced dementia. His best interests require continued residence at AH under a 24-hour EMI care package, supervised and graded contact with WM, unrestricted contact with IM and EM, and appointment of a local authority officer as deputy for property and affairs. Removal from the jurisdiction or to WM's care is not in his best interests. Injunctions against removal and publicity are necessary to protect JM.

Court Disposition

Application granted in full for SCC; all substantive orders made as sought by the applicant.

Orders

  • JM to remain resident at AH under 24-hour EMI care package.
  • Supervised and graded contact for WM; unrestricted contact for IM and EM.