The England and Wales Court of Protection considered whether an elderly lady with serious memory impairment, living in residential care, had the capacity to engage in sexual relationships. The lady, PS, had been in a loving relationship with WP for two decades, despite her memory impairment and alcohol-related issues. Expert evidence suggested that with a proper care plan, PS could make a capacitous decision about engaging in sexual activity. The judge ultimately ruled that PS did have the capacity to engage in sexual activity with WP. However, a proper protective care plan would need to be in place to facilitate this decision.
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A finely balanced decision
