Court of Protection makes anticipatory declarations regarding care in case of fluctuating capacity (Oldham MBC v KZ & Others)
Private Client analysis: In the latest case to deal with the challenges posed by fluctuating capacity, the Court of Protection (Mrs Justice Theis) granted anticipatory declarations sought by a local authority regarding the care of KZ, a profoundly deaf young man. Where KZ’s capacity fluctuated but the periods of incapacity were clear, such anticipatory declarations were the most appropriate response. An earlier assessment that KZ totally lacked capacity had failed to take account of his needs as a deaf person. Written by Kyle Bonnell, pupil at XXIV Old Buildings.