39 Essex Chambers Mental Capacity Report December 2023 and walkthrough

The December 2023 report is now out.  Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: the least worst option as regards compulsory feeding, putting values properly into the mix and the need for a decision actually to be in contemplation before capacity is considered;

(2) In the Property and Affairs Report: relief from forfeiture in a very sad case;

(3) In the Practice and Procedure Report: counting the costs of delay, guidance on termination cases, and a consultation on increasing Court of Protection feeds;

(4) In the Wider Context Report: forgetting to think and paying the price, the cost of getting it wrong as litigation friend, Wales potentially striking out alone on mental health reform, and a review of Arianna’s book on social care charging;

(5) In the Scotland Report: reduction of a Will: incapacity and various vitiating factors, and an update on law reform progress.

The screen-friendly compendium version can be found here, and the print-friendly version here.

You can find our past issues, our case summaries, and more on our dedicated sub-site here, where you can also sign up to the Mental Capacity Report.

My walkthrough can be found here.

We will be taking a break in January, so our next Report will be out in February 2024.  For those who are able to take a break in December, we hope that you get the chance to rest and recuperate.  For those of you who are keeping the systems going in different ways over that period, we are very grateful.

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