Bagguley v E

Subject Matter

MENTAL DISORDER — Court of Protection — Jurisdiction — Application to authorise taking of DNA samples from incapacitous adult approaching end of life to resolve paternity dispute — Statutory source of jurisdiction to grant such authorisation — Whether in best interests of incapacitous adult for samples to be taken and tested — Whether order of court capable of amounting to consent for posthumous taking or holding of samples — Observations on urgent applications to Court of Protection — Family Law Reform Act 1969 (c 46) (as amended by Family Law Reform Act 1987 (c 42), ss 23, 33(1), Sch 2, para 22 and Mental Capacity Act 2005 (c 9), s 68(6), Sch 6, para 15), ss 20, 21 — Human Tissue Act 2004 (c 30), s 3(6), Sch 4, para 2 — Mental Capacity Act 2005 (c 9), ss 15, 16(2)

[2019] EWCOP 49; [2020] Fam 267; [2020] 2 WLR 236; [2019] WLR(D) 604, Ct of Protection