MK (ASSISTED PERSON) AGAINST TDD [2019] ScotSC SC_66 (18 June 2019)

The court found MK lacked capacity to manage affairs and met statutory criteria for assisted person status, justifying appointment of a guardian.

Source-derived case information.

Citation: [2019] ScotSC SC_66
Parties: Applicant: MK; Respondent: TDD
Jurisdiction: Scotland
Judgment Date: 18 June 2019
Procedural Posture: Civil / Judgment
Outcome: application granted
Legal Topics: Assisted Person, Capacity, Guardianship

Family Law Assisted Person Capacity Guardianship

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Applicant

TDD

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether MK should be declared an assisted person under relevant Scottish law
2 Appropriateness of guardianship order for MK

Ratio Decidendi

The court found MK lacked capacity to manage affairs and met statutory criteria for assisted person status, justifying appointment of a guardian.

Court Disposition

application granted

Orders

MK declared an assisted person
Guardian appointed for MK

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