The Local Authority v A & Ors

The Local Authority v A & Ors

On the balance of probabilities, A lacks capacity to make decisions regarding residence, care, contact, medical treatment, and execution of an LPA due to learning disability, autism spectrum disorder, and undue influence from B. The LPA and living will are invalid for want of capacity. A’s best interests require residence in residential care, receipt of recommended medical treatment, and support as per the care plan. Contact with B and grandparents is to be in accordance with best interests declarations. B’s influence precludes effective support at home.

Parties
Applicant: The Local Authority; First Respondent: A (by her litigation friend, the Official Solicitor); Second Respondent: B; Third Respondent: The Hospital Trust
Jurisdiction
England and Wales
Judgment Date
18 June 2019
Procedural Posture
Welfare Application Under Mental Capacity Act / Final Judgment
Outcome
Declarations granted; application allowed; permission to appeal refused
Legal Topics
Capacity to Make Decisions, Best Interests, Lasting Power of Attorney, Medical Treatment for Incapacitated Persons, Residential Care, Contact With Family
Mental Capacity Health Law Family Law Capacity to Make Decisions Best Interests Lasting Power of Attorney Medical Treatment for Incapacitated Persons Residential Care +1 more

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Parties

The Local Authority

Applicant

A (by her litigation friend, the Official Solicitor)

First Respondent

B

Second Respondent

The Hospital Trust

Third Respondent

Procedural Posture

Welfare Application Under Mental Capacity Act / Final Judgment

Legal Issues

  1. 1 Whether A lacks capacity to make decisions regarding residence, care, contact, medical treatment, and execution of a Lasting Power of Attorney
  2. 2 Validity of the Lasting Power of Attorney dated 4 January 2018
  3. 3 Validity of the handwritten document dated 6 March 2018 as an ADRT or expression of wishes

Ratio Decidendi

On the balance of probabilities, A lacks capacity to make decisions regarding residence, care, contact, medical treatment, and execution of an LPA due to learning disability, autism spectrum disorder, and undue influence from B. The LPA and living will are invalid for want of capacity. A’s best interests require residence in residential care, receipt of recommended medical treatment, and support as per the care plan. Contact with B and grandparents is to be in accordance with best interests declarations. B’s influence precludes effective support at home.

Court Disposition

Declarations granted; application allowed; permission to appeal refused

Orders

  • Declaration that A lacks capacity in all relevant domains to conduct proceedings and make decisions about residence, care, contact, medical treatment, and to execute an LPA
  • Declaration that the LPA dated 4 January 2018 is invalid for want of capacity at execution