Re MN (An Adult) [2015] EWCA Civ 411

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"The function of the Court of Protection is to take, on behalf of adults who lack capacity, the decisions which, if they had capacity, they would take themselves. The Court of Protection has no more power, just because it is acting on behalf of an adult who lacks capacity, to obtain resources or facilities from a third party, whether a private individual or a public authority, than the adult if he had capacity would be able to obtain himself."

Related judgments

ICLR

The ICLR have kindly agreed for their WLR (D) case report to be reproduced below.  

External links

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ICLR

Alex Ruck Keene, 'The Court of Protection comes of age' (Court of Protection Handbook Blog, 7/5/15)