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Court of Protection: Man turns down essential treatment to seek hospital transfer

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A Court of Protection Judge has heard that a man in need of serious heart surgery is refusing life-saving treatment in a bid to be in a hospital nearer to his family.

The anonymous man, who reportedly has learning difficulties, was diagnosed with a thrombosis which “posed a serious risk to his health” and offered medication in a North West hospital which could potentially save his life.

But a Judge heard that the man refused treatment on the grounds that he wished to be transferred to a South East hospital in the Thames Valley region to be closer to his family.

The Court of Protection is currently weighing up the case with regards to whether the man, who suffers from undisclosed learning disabilities, has the sufficient mental capacity to make decisions regarding his treatment and medication.

Upon hearing arguments from solicitors representing the man’s care, Mr Justice Moylan said that what the man was doing was “in a sense” a “protest” in refusing to take essential anti-coagulation medication.

The hearing, which took place on Friday, revealed that the man was able to be safely moved if a Judge ruled in favour of his capacity to make decisions.

The case is predicted to return to Court in coming weeks.

At Lester Morrill, our specialist Court of Protection solicitors are experienced in working with vulnerable individuals and their families, friends and care teams to ensure the best possible outcome. We currently manage cases involving private clients, solicitors, local authorities, referrals from the court and case managers. We also advise on matters relating to health and welfare, receiving referrals from family members and advocates. Please contact our team for further information.

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