The WLR Daily case summaries
[2018] WLR (D) 753
Court of Appeal
Regina v Kurtz
[2018] EWCA Crim 2743
2018 Oct 9; Dec 10
Macur LJ, Julian Knowles J, Judge Wall QC
Crime— Person lacking capacity— Wilful neglect— Defendant having unregistered enduring power of attorney over deceased— Deceased dying in squalor after refusing medical treatment and defendant failing to seek medical treatment for her— Defendant charged with wilful neglect of deceased— Judge ruling Crown not required to prove lack of capacity of deceased— Judge failing to direct jury about deceased’s capacity in summing up— Whether offence committed if enduring power of attorney not registered with Public Guardian— Whether defendant wilfully neglecting capacitous donor of enduring power of attorney in respect of donor’s personal welfare—
Mental Capacity Act 2005 (c 9), s 44(1)(b), Sch 4, paras 4, 13