Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Discharge from wardship granted as independent co-decision-maker preferred over family involvement
|
or click here to request site subscription to search and view all judgments |
The High Court granted the discharge of an individual from wardship, holding that the person does not require a decision-making representative but should have the support of a co-decision-maker, as recommended by medical evidence and consistent with the individual's wishes. The court emphasised that the views of family members, despite being genuinely held, could not override statutory presumptions and principles promoting autonomy and minimising unnecessary intervention. Ultimately, the court declared that the individual lacks capacity to make certain decisions unless assisted by a suitable co-decision-maker—who is to be an independent party—and adjourned the final orders to facilitate the registration of such an agreement.
ward of court – discharge from wardship – decision-making representative – co-decision-maker – lack of capacity – Assisted Decision-Making (Capacity) Act 2015 – family dispute – medical evidence – autonomy – independent party appointment – personal welfare decisions – property and affairs decisions – section 55 application – court medical visitor – notice parties – declaration of capacity
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
