YLA v PM & Anor [2013] EWCOP 4020 (20 November 2013)

YLA v PM & Anor [2013] EWCOP 4020 (20 November 2013)

PM lacks capacity to consent to marriage and to sexual relations because, despite some basic understanding, she cannot weigh relevant information, lacks understanding of the legal and health consequences, and is unable to make or communicate a real choice. Declarations of incapacity are necessary and in her best interests. PM cannot be permitted to live with MZ, as her welfare and safety cannot be assured.

Citation
[2013] EWCOP 4020
Parties
Applicant: YLA; 1st Respondent: PM; 2nd Respondent: MZ
Jurisdiction
England and Wales
Judgment Date
20 November 2013
Procedural Posture
Court of Protection Proceedings / Judgment Following Multi Day Hearing on Capacity and Best Interests
Outcome
Declarations granted that PM lacks capacity to consent to marriage and to sexual relations; PM not permitted to live with MZ.
Legal Topics
Capacity to Marry, Capacity to Consent to Sexual Relations, Best Interests, Declarations of Incapacity, Care Proceedings, Immigration Implications
Mental Capacity Law Family Law Public Law Capacity to Marry Capacity to Consent to Sexual Relations Best Interests Declarations of Incapacity Care Proceedings +1 more

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Parties

YLA

Applicant

PM

1st Respondent

MZ

2nd Respondent

Procedural Posture

Court of Protection Proceedings / Judgment Following Multi Day Hearing on Capacity and Best Interests

Legal Issues

  1. 1 Does PM have capacity to consent to marriage?
  2. 2 Does PM have capacity to consent to sexual relations?
  3. 3 Is it in PM's best interests to make declarations of incapacity?

Ratio Decidendi

PM lacks capacity to consent to marriage and to sexual relations because, despite some basic understanding, she cannot weigh relevant information, lacks understanding of the legal and health consequences, and is unable to make or communicate a real choice. Declarations of incapacity are necessary and in her best interests. PM cannot be permitted to live with MZ, as her welfare and safety cannot be assured.

Court Disposition

Declarations granted that PM lacks capacity to consent to marriage and to sexual relations; PM not permitted to live with MZ.

Orders

  • Declarations of incapacity in respect of marriage and sexual relations for PM.
  • PM not to live with MZ in the community.