Re Q [2022] EWCOP 6
The case: A 50-year-old woman with a diagnosis of bulimia nervosa. She recognised that she had this condition and had struggled, unsuccessfully, to combat it for over a decade. Q also has a diagnosis of emotionally unstable personality disorder, recurrent depression, a background of severe trauma and symptoms of post-traumatic stress disorder. Declarations were sought which, logically, required to be placed in the following order:
a) a declaration as to whether Q lacked the capacity to litigate;
b) a declaration as to whether Q had the capacity to take decisions relating to her treatment for hypokalaemia;
c) a declaration as to whether an Advance Decision to Refuse Treatment (ADRT), made by Q on 14th October 2020, was valid or whether at the time of creating the document, Q lacked capacity.
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