Sandwell and West Birmingham Hospitals NHS Trust v CD and others

Mental health – Court of protection. AB had cerebral palsy and her medical team did not consider that, in the event of her condition deteriorating, it would be in her best interests to receive certain life sustaining treatment. The applicant Trust sought declarations as to AB's capacity to make decisions about serious medical treatment and as to her best interests in respect of treatment. Following discussions, the parties reached an agreement that it was not in AB's best interests to be given certain life sustaining treatment. In approving the order, the Court of Protection held that the order met AB's best interests. The court gave guidance concerning, among other things, the timing of such applications.

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