‘Two Ps’ – navigating two sets of best interests – Mental Capacity Law and Policy
‘In HH v Hywel Dda University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed analysis of how the Court of Protection should proceed in a “two P” situation: i.e a situation where two individuals both appear to lack the capacity to make the relevant decisions, and where those decisions are interconnected. In HH’s case, the individuals concerned were husband, AH, and wife, HH. For reasons that are very relevant to the husband and wife, but not relevant for the wider point, both were the subject of separate s.21A MCA 2005 proceedings. The question was whether they could (or should) be either consolidated or heard together by the same judge, a question which regularly arises, but which has not been the subject of a reported case.’
Mental Capacity Law and Policy, 17th October 2023
