39 Essex Chambers October 2023 Mental Capacity Report and walkthrough

The October 2023 Mental Capacity Report is now out, and is much shorter than last month’s blockbuster (to everyone’s relief). Highlights this month include:

  1. In the Health, Welfare and Deprivation of Liberty Report: Brain stem death before the courts and conveyancing;
  2. In the Property and Affairs Report: the Powers of Attorney Act 2023 gets Royal Assent, and how it will change the Mental Capacity Act 2005;
  3. In the Practice and Procedure Report: revised guidance for Accredited Legal Representatives and anonymisation of clinicians in cases involving the MCA 2005;
  4. In the Wider Context Report: a revised online ADRT service and a revised clinical guide for staff working with autistic people and those with a learning disability, and our Irish correspondents highlight two specific aspects of the Assisted Decision-Making (Capacity) Act 2015;
  5. In the Scotland Report: attorneys as executors.

The third issue of our new Mental Capacity Case Reports series is also available HERE.

Click here for the screen friendly and print friendly versions of the Compendium.

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 is below.


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