AG -v- A [2018] JRC 012 (16 January 2018)

AG -v- A [2018] JRC 012 (16 January 2018)

Ms A lacked capacity to refuse medical treatment because her ability to make a proper judgment was overborne by fear of consequences for herself and her family from third parties, as established by psychiatric and social work evidence. The court declared she did not have capacity to make decisions regarding...

Source-derived case information.

Citation
[2018] JRC 012
Parties
Subject/respondent: Ms A; Applicant: Attorney General
Jurisdiction
Jersey
Judgment Date
16 January 2018
Procedural Posture
Capacity Determination (medical Law) / Application for Declaration of Incapacity
Outcome
Declaration of incapacity granted.
Legal Topics
Consent to Medical Treatment, Mental Capacity Assessment, Undue Influence and Coercion, Emergency Medical Intervention
Medical Law Mental Capacity Law Consent to Medical Treatment Mental Capacity Assessment Undue Influence and Coercion Emergency Medical Intervention

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Summary, issues, holding and outcome

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Parties

Ms A

Subject/respondent

Attorney General

Applicant

Procedural Posture

Capacity Determination (medical Law) / Application for Declaration of Incapacity

Legal Issues

  1. 1 Whether Ms A had the mental capacity to refuse medical treatment in the context of potential coercion and undue influence.

Ratio Decidendi

Ms A lacked capacity to refuse medical treatment because her ability to make a proper judgment was overborne by fear of consequences for herself and her family from third parties, as established by psychiatric and social work evidence. The court declared she did not have capacity to make decisions regarding investigation and treatment for potential internal concealment of drugs.

Court Disposition

Declaration of incapacity granted.

Orders

  • Declaration that Ms A does not have capacity to make decisions relating to investigation and treatment for potential internal concealment of unlawful drugs.