By Claire Martin, 2nd June 2023 This was an application from the Office of the Public Guardian (OPG) for a declaration that P’s (purported) appointment of his wife and son as LPA and replacement LPA, respectively, for Property and Finance, was either not valid (because P lacked capacity to make the LPA) or should be revokedContinue reading “Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA”
Tag Archives: Court of Protection
‘It’s unclear how urgent this is’: A case concerning covert medication
By Daniel Clark, 31 May 2023 This case (COP 14023716) was heard before Theis J, via MS Teams, on Friday 26th May 2023 at 10am. It was not plain sailing for me to access this hearing but given its subject matter (covert medication) I was glad that, with a lot of help from Celia Kitzinger, I persevered. IssuesContinue reading “‘It’s unclear how urgent this is’: A case concerning covert medication”
‘Last chance saloon’: One more attempt at kidney dialysis or a move to palliative care?
By Celia Kitzinger, 25 May 2023 The person at the centre of this case (CG) is in his fifties with end stage kidney disease. He’s been having kidney treatment since 2014 and dialysis since around 2016. In January 2022 he suffered a hypoglycaemic brain injury, likely precipitated by self-neglect and poor management of his diabetes. He’s currently in aContinue reading “‘Last chance saloon’: One more attempt at kidney dialysis or a move to palliative care?”
New home for man who lives in bathroom
By Celia Kitzinger, 23 May 2023 In July 2022, the man at the centre of this case (I’ve referred to him before as “Brian”) “retreated” to the communal bathroom of the care home where he’s lived since 1993, and has, in effect, been there ever since. I wrote about him a few months ago: “Man lives forContinue reading “New home for man who lives in bathroom”
On not authorising restraint for bowel surgery
Physically restraining someone against their will to have general anaesthesia for a serious operation is something that most of us instinctively recoil from, and for good reason – namely, that it is the repression of an individual liberty and it is disrespectful to individual autonomy.
“A lively personality” in a complex medical case
It would be easy for the protected party at the centre of this case to ‘go missing’ amongst a sea of expert opinion. I was struck how diligently the judge (Hayden J) worked to ensure this did not happen. Indeed, this hearing was the first time I’ve seen a protected party ‘come alive’ in a hearing despite their absence in court.
The most complex of best interests: Organ donation, learning disability, and the options on the table
Ruby Reed-Berendt and Bonnie Venter, 12 May 2023 To our knowledge, the Court of Protection has only once before grappled with the issue of capacity and organ donation in the context of learning disability: when it considered the case of William Verden last year. You can read the judgment in that earlier judgment here: Manchester UniversityContinue reading “The most complex of best interests: Organ donation, learning disability, and the options on the table”
A family at breaking point
By Celia Kitzinger, 23rd April 2023 This was a distressing hearing to watch because as it unfolded it became increasing clear that the parents were at breaking point in trying to care for their disabled daughter. The Official Solicitor was clearly pushing for more support for the family from the local authority – who seem to haveContinue reading “A family at breaking point”
Opaque justice in the Court of Protection: A dispute about the validity of Lasting Power of Attorney
By Daniel Clark, 21st April 2023 At 2pm on Friday 14th April 2023, I observed a directions hearing (COP 13795316) via MS Teams before Deputy District Judge Chahal sitting at First Avenue House in London. I simply couldn’t follow it. Wittgenstein’s notion of language-games proposes that language only has meaning when applied in its context. In other words, it is action thatContinue reading “Opaque justice in the Court of Protection: A dispute about the validity of Lasting Power of Attorney”
Unplanned disclosure and (still) no agreed ‘exit plan’: Re A (Covert medication: Closed Proceedings)  EWCOP 44 continues
The court is now in the unenviable position of trying to help the MDT extricate itself from the entirely untenable situation it’s in following the directions of HHJ Moir. I am left wondering how everyone thought this would be brought to a satisfactory conclusion. What ‘exit plan’ was envisaged at the point the judge set the wheels in motion for covert medication? Nobody can have imagined that A could be detained and covertly medicated for the next 30 years – but nobody seems to have planned for any alternative.