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Court of Protection Judge criticises media for peddling myths

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One of the UK’s most senior Judges has dismissed the suggestion that the Court of Protection has a “sinister” agenda.

Mr Justice Mostyn hit back at media coverage of the court, which rules on the affairs of people who are deemed to lack the mental capacity to make decisions for themselves.

“I want to dispel the idea, which continues to be peddled by certain sections of the press, that the Court of Protection is a secret, sinister court which dispenses justice behind closed doors,” he said.

The Judge was speaking at a recent hearing in London at which he had been asked to consider the case of a middle-aged woman who had a range of medical problems and needed to have her legs amputated.

Specialists had explained that the woman, who was largely bed-ridden, had already had part of her feet amputated.

Their fear was that if further surgery was not carried out imminently, infection would inevitably set in and the woman’s life could be in danger.

Mr Justice Mostyn said he was satisfied, on the basis of the evidence, that the woman lacked the capacity to agree to the procedure, but he was convinced it was in her best interests.

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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