MINUTE FOR DIRECTIONS BY DR. A.B. [2013] ScotSC 74 (16 October 2013)

MINUTE FOR DIRECTIONS BY DR. A.B. [2013] ScotSC 74 (16 October 2013)

The court held that it was competent to give directions to the guardian under section 3(3) of the Act, as all statutory requirements were met: the adult was incapacitated, a guardian was in place, and the applicant had a legitimate interest. The evidence established that remaining in hospital was not to the adult's benefit, that home care was no longer feasible, and that transfer to the proposed Care Home would benefit the adult and could not be achieved without court intervention due to the guardian's refusal. Accordingly, the court directed the guardian to arrange the transfer.

Citation
[2013] ScotSC 74
Parties
Applicant (minuter): Dr A B; Subject of Proceedings: [Name Redacted] (the adult); Respondent (guardian): [Name Redacted] (the guardian, daughter of the adult)
Jurisdiction
Scotland
Judgment Date
16 October 2013
Procedural Posture
Minute for Directions Under Adults With Incapacity (scotland) Act 2000 / Application for Directions Under Section 3(3)
Outcome
Application granted. Directions issued to guardian.
Legal Topics
Guardianship, Directions to Guardian, Welfare of Incapacitated Adult, Medical Discharge, Care Home Placement
Mental Capacity Law Health Law Family Law Guardianship Directions to Guardian Welfare of Incapacitated Adult Medical Discharge Care Home Placement

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Parties

Dr A B

Applicant (minuter)

[Name Redacted] (the adult)

Subject of Proceedings

[Name Redacted] (the guardian, daughter of the adult)

Respondent (guardian)

Procedural Posture

Minute for Directions Under Adults With Incapacity (scotland) Act 2000 / Application for Directions Under Section 3(3)

Legal Issues

  1. 1 Whether the court can direct a guardian to arrange transfer of an adult with incapacity from hospital to a care home under section 3(3) of the Adults with Incapacity (Scotland) Act 2000
  2. 2 Whether such a direction is to the benefit of the adult and cannot be reasonably achieved without court intervention

Ratio Decidendi

The court held that it was competent to give directions to the guardian under section 3(3) of the Act, as all statutory requirements were met: the adult was incapacitated, a guardian was in place, and the applicant had a legitimate interest. The evidence established that remaining in hospital was not to the adult's benefit, that home care was no longer feasible, and that transfer to the proposed Care Home would benefit the adult and could not be achieved without court intervention due to the guardian's refusal. Accordingly, the court directed the guardian to arrange the transfer.

Court Disposition

Application granted. Directions issued to guardian.

Orders

  • Guardian directed to make arrangements forthwith for the conveyance of the adult from the hospital to the proposed Care Home.
  • Guardian directed to cooperate with both institutions in effecting the transfer.