Published 23 November 2017
Reserved judgment — capacity to make or communicate decisions — appointment of welfare guardian and property manager — dementia — Protection of Personal and Property Rights Act 1988. The respondent's daughter applied to be appointed as a welfare guardian and property manager for her father. The respondent suffered from dementia, and the court found that he wholly lacked capacity to make or communicate decisions after hearing medical evidence from psychiatrists and a social worker. The respondent was able to hold a superficial conversation but was unable to recall that he had previously been in court. The court further noted that the respondent was unable to answer questions in a straightforward manner, and frequently returned to talking about money that he claimed had been stolen from him, but that he was unable to coherently explain details around the alleged theft of the money. The court found that the respondent's answers to questions were vague and wandering, and that they were consistent with a person suffering from advanced dementia. The court found that the respondent was a person who lacked the capacity to make or communicate decisions, and that the grounds had been met for the appointment of a welfare guardian and property manager. Judgment Date: 5 May 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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