The Practical Lawyer

Home
About
CPD
Subscribe
Contact

Court of Protection – spouses

The LA failed in its application under the Mental Health Act 2005 for orders restricting H’s contact with his 83-year-old wife (P). 

She had been diagnosed with late onset Alzheimer’s disease of moderate to severe intensity. They had been married for 58 years and the evidence was that they had a strong, close and happy relationship. However, H had previously vocalised support for euthanasia.

P had respite care at one-day placements, but on one particular occasion she became distressed and her placement was extended immediately to one week. This caused problems with the family who wanted her returned home. P also expressed a wish to return home, leading to these proceedings.

On the evidence, H had clearly expressed his support for euthanasia at various times to different professionals and had declined the opportunity to deny expressing those views. While he had also made other concerning comments, the key issue for the judge was to determine what, if any, risk arises from his expressed views in relation to P.

She found that no adequate investigation had been made into H’s reasons for making such comments and his understanding of supporting euthanasia (his evidence showed this related to the right to self-determination and dignity). H was, however, consistent that he would never dream of hurting his wife who had always been safe when they were left alone together.

The judge therefore concluded that the restriction sought by the LA was neither justifiable, proportionate or necessary and refused its applications, but she went on to set out issues which H needed to consider in relation to P’s best interests. SR v A Local Authority [2018] EWCOP 36.

 

Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...

Resources

IAG International
www.totallylegal.com
Join the IBA now!
In House Lawyer
MSI Global Alliance