ARTICLE · 17 MARCH 2022

Particularly Sensitive Issues Around Mental Capacity

Osbornes Law

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A recent case involves sensitive issues around sexual satisfaction, mental capacity and the risk to carers of committing an offence.

United KingdomFamily and Matrimonial

Mental capacity, the right to sex and the carer's risk of prosecution

Does everyone have the right to a sex life, even those lacking mental capacity to make their own decisions and arrangements? A recent case involves sensitive issues around sexual satisfaction, mental capacity and the risk to carers of committing an offence.

The Court of Protection solicitors at Osbornes Law are experienced in advising and representing deputies, family members and others on deeply sensitive issues involving individuals who lack capacity.

What's the background?

The man at the centre of this case was 27 and enjoyed a variety of interests ranging from sports and rap music, to history and museum visits. He also suffered a genetic disorder and had been diagnosed with autism. Over the years, he displayed such challenging behaviour that the Court of Protection eventually authorised a deprivation of liberty order in 2017 under the Mental Health Act.

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