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Family Law

The leading authority on all aspects of family law

24 MAY 2012

PRACTICE AND PROCEDURE:NK v VW (By Her Litigation Friend) and Others [2012] COPLR 105

(Court of Protection, Macur J, 27 October 2012)

The son applied to move his elderly mother from her existing care home to one situated closer to his own home due to his concern for her welfare. He also sought to be appointed as her deputy in relation to her health and welfare and property and affairs. A psychiatric report stated that it was unequivocally in the woman's best interests to be remain in her current care home.

Dismissing the application. Having regard to the overall objective of the Mental Capacity Act 2005 and the unchallenged opinion of the psychiatrist the proposals could not be viewed as being of any benefit to the woman. The disadvantages of a change of care home outweighed any possible benefit.

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