The Court of Protection is responsible for assisting people that never had or no longer have the mental capacity to make decisions. The Court ensures that vulnerable persons cannot be exploited, and that those responsible for their welfare are assisting appropriately.
Recently, a mother has requested that a Judge give doctors permission to withdraw the life-supporting treatment being provided to her severely ill daughter. Her extended family also agree with this decision. In this case, the mother concerned is concerned that her daughter’s dignity is been compromised by continued treatment by doctors for her Huntington’s condition. Her daughter has suffered from the disease for over 20 years, and no longer displays any awareness of her surroundings.
Huntington’s disease is a hereditary condition that damages nerve cells in the brain. The brain damage gets progressively worse over time and can affect movement, behaviour and cognition – including perception awareness, thinking and judgement. Unfortunately there is no cure for Huntington’s disease and its development cannot be reversed or slowed down. The condition usually progresses for between 10 and 25 years until the person sadly reaches the end of their life.
Mental incapacity can be defined as a person’s inability to make decisions, owing to them being unable to understand the information relevant to the decision, being unable to retain that information, being able to weigh the information as part of the decision making process and being unable to communicate his or her decision. Huntington’s disease can affect a person’s communication and cognition, and with time a person with Huntington’s disease will often become less responsive, more withdrawn and less aware of their surroundings. Therefore the Court of Protection is required to make decisions in this matter.
The Court of Protection (Mr Justice Peter Jackson sitting) will now make best interest decisions based on medical evidence provided by professionals, and other parties, at a hearing on 22nd June in London.
At Duncan Lewis Solicitors our first thoughts are to the family at this difficult time. We have represented families in similar predicaments, and our sympathies are with families in comparable circumstances to the family involved in this matter. We would strongly advise that families in similar situations seek legal advice as soon as possible.
Author Helen Cummings is a Trainee Solicitor in the Public Law and Court of Protection Department at Duncan Lewis. Helen has considerable legal experience in litigating a broad range of areas, including:
l Judicial Review arising: 1) under the Children Act and Community care Legislation in respect of local authority’s refusals to provide services to vulnerable children and their families; 2) against Primary Care Trusts for refusal to provide medical treatment on the NHS; 3) from challenges to statutory law; against public bodies involving environmental and planning points; and 5) Consultation challenges against governmental cuts.
l Court of Protection proceedings arising from the representation of “P”, professional advocates and families against public bodies.
l Providing representations for individuals against regulatory bodies such as the: General Medical Council, HCPC, and Solicitor Regulatory Authority.
l Providing representations for children, and adults, in education matters.
Duncan Lewis Court Of Protection Department
Duncan Lewis' Court of Protection Department assists individuals in both publicly and privately funded cases from offices across London and throughout the UK. The department is recommended by the independent legal directory, Legal 500, as a leading practice in cases that overlap mental health and capacity, and deprivation of liberty safeguards. The firm is also applauded for its specialism in judicial review claimant matters and higher courts work.
For more information about our Court of Protection services, please contact Duncan Lewis Solicitors on 033 3772 0409
