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Mental capacity

The Hillingdon Hospitals NHS Foundation Trust v YD & Others (Refusal of Withdrawal of Treatment)

The court concluded that YD's past and present wishes, feelings, beliefs, and values, particularly his spiritual beliefs and determination to heal, outweigh the medical evidence supporting withdrawal of CANH. The burdens of continued treatment do not outweigh the benefits, especially the preservation of life. The Trust has not rebutted the strong presumption in favour of preserving life, and CANH is not futile in these circumstances.

Source excerpt

  • Withdrawal of clinically assisted nutrition and hydration
  • Best interests test
  • Persistent vegetative state
  • Spiritual beliefs
  • Article 9 echr
  • Medical futility
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Mental capacity [2019] EWCOP 1

LCN v KF & Ors

LCN v KF & Ors [2019] EWCOP 1 (3 January 2019)

The Court of Protection authorised settlement of a disabled child's property on trust, holding that the home should pass to his carers effectively free of inheritance tax.

  • Settlement of property for incapacitated person
  • Statutory wills
  • Inheritance tax liability
  • Best interests test
  • Intestacy rules
  • Best-interests-test
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Mental capacity [2018] EWCOP 29

University College London Hospitals v KG

University College London Hospitals v KG [2018] EWCOP 29 (08 October 2018)

The Court of Protection authorised PRN100 for a man with sporadic CJD, finding the novel untested treatment was in his best interests.

  • Best interests test
  • Experimental medical treatment
  • Capacity assessment
  • Patient privacy
  • Compassionate use of medicines
  • Best-interests-test
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Mental capacity [2018] EWCOP 13

HH (attorney's application for retrospective approval), Re

HH (attorney's application for retrospective approval), Re [2018] EWCOP 13 (08 May 2018)

The Court of Protection partly approved an attorney’s retrospective payments and family gifts from an incapacitated man’s funds, and disallowed the rest.

  • Retrospective approval of gifts/payments by attorney
  • Best interests test
  • Attorney duties under epa/lpa
  • Relief from liability
  • Costs in court of protection
  • Family care payments
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Mental capacity [2018] EWFC B26

HH (attorney's application for retrospective approval), Re

HH (attorney's application for retrospective approval), Re [2018] EWFC B26 (08 May 2018)

The Court of Protection partly approved an attorney’s retrospective payments and gifts from an incapacitated father’s funds, applying the best interests test.

  • Retrospective approval of gifts/payments by attorney
  • Best interests test
  • Attorney duties under enduring power of attorney
  • Family care payments
  • Equalisation of gifts between beneficiaries
  • Costs in court of protection proceedings
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Mental capacity

HH (attorney's application for retrospective approval), Re

The Court of Protection granted retrospective approval for most payments and gifts made from HH’s funds by his attorney son, with unapproved sums to be accounted for.

  • Retrospective approval of gifts/payments by attorney
  • Best interests test
  • Attorney duties under enduring power of attorney
  • Family care payments
  • Equalisation of gifts between beneficiaries
  • Retrospective-approval
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Mental capacity

PBC v JMA & Ors

Court of Protection authorised substantial gifts and a statutory will for JMA, finding the proposals were in her best interests and consistent with her wishes, values and tax planning history.

  • Best interests test
  • Statutory will
  • Gifting by attorney
  • Inheritance tax mitigation
  • Capacity and decision-making
  • Best-interests-test
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Mental capacity

AR, Re

The Court of Protection held that generic deputy remuneration orders for Mr Cawthorn could not stand, but approved his rate for AR on a best-interests basis.

  • Deputy remuneration
  • Best interests test
  • Procedural irregularity
  • Disability related expenditure
  • Court-of-protection
  • Mental-capacity
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Mental capacity law [2017] EWCOP 23

Salford Royal NHS Foundation Trust v Mrs P & Anor (Rev 1)

Salford Royal NHS Foundation Trust v Mrs P & Anor (Rev 1) [2017] EWCOP 23 (30 October 2017)

The Court of Protection refused a trust’s application for PEG feeding, finding that Mrs P’s prior wishes and values meant continued CANH was not in her best interests.

  • Withdrawal of life-sustaining treatment
  • Best interests test
  • Minimally conscious state
  • Patient autonomy
  • Court of protection procedure
  • Best-interests-test
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Mental capacity [2017] EWCOP 8

ADS v DSM

ADS v DSM [2017] EWCOP 8 (24 May 2017)

Appeal in a statutory will case allowed because the Court of Protection judge misapplied best-interests principles and failed to weigh the settlement and disputed family facts properly.

  • Statutory wills
  • Best interests test
  • Capacity assessment
  • Family disputes
  • Settlement agreements
  • Statutory-wills
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.