This recent case relates to a decision made regarding whether P held capacity to make decisions regarding her care and liaison with other individuals.
History
By way of background, P has a dissociative disorder which refers to mental health conditions that involve experiencing a loss of connection between thoughts, memories, feelings, surroundings, behaviour and identity. P has experienced complex psychological trauma and experts have previously testified that P’s ability to make decisions often fluctuates, especially during dissociative episodes.
Therefore, the circumstances whereby P experiences a dissociative episode needed to be addressed and considered. The Court was required to consider P’s loss of capacity during her episodes and whether it was in P’s best interests to allow the carers to intervene and assist with the decision making process during these periods.
Legal Framework
With regards to the legal framework of this case, the Vice President made the decision that P did have capacity when she was not experiencing a dissociative episode however, it was further suggested that the legal framework in the Mental Capacity Act 2005 needed to be relied upon to determine whether assistance and intervention was required to make decisions during P’s episodes.
Section 5 and 6 of the Mental Capacity Act 2005 framework provides: “General authority to those caring for P who reasonably believe both that P lacks capacity in relation to the matter and that it will be in P’s best interests for the act to be done. Using this framework will have the advantage that decisions are taken contemporaneously both as to capacity and best interests, having up to date information on matters such as P’s wishes and are more appropriate to guard against such infrequent occasions as in this case”
Conclusion
In conclusion, the Court was unable to make an anticipatory declaration following a detailed review of all evidence, as it was difficult to conclude when P had dissociated to the extent that she no longer held the ability to make decisions regarding her care and contact with other individuals.
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