In May 2022, the Ministry of Justice indicated in its response to the Modernising Lasting Powers of Attorney consultation that it… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Why has the challenge to mental capacity associated with the CRPD Committee had so little traction? And should it? Some thoughts
Challenges not just to the application, but the very legitimacy, of the concept of mental capacity over the past 10… Read more
Book Review: Looking after Miss Alexander: Care, Mental Capacity, and the Court of Protection in Mid-Twentieth-Century England
Looking after Miss Alexander: Care, Mental Capacity, and the Court of Protection in Mid-Twentieth-Century England (Janet Weston, McGill-Queens University Press,… Read more
Advance decisions to refuse treatment – presuming a presumption of capacity?
In NHS Surrey Heartlands ICB v JH [2023] EWCOP 3, Hayden J was asked to consider whether an advance decision… Read more
Draft Mental Health Bill – the Parliamentary scrutiny committee reports (and walkthrough)
The Joint Committee on the Draft Mental Health Bill has today (19 January 2023) published its pre-legislative scrutiny report on… Read more
Interdisciplinarity, capacity paradigms and new challenges for capacity – in conversation with Dr Gareth Owen
In a slightly different ‘in conversation with,’ in that the tables are turned half-way though and I’m on the spot,… Read more
Judging Values And Participation In Mental Capacity Law – in conversation with Dr Camillia Kong and Professor Penny Cooper
In this shedinar, I discuss the genesis, findings and headline points of the Judging Values project led by Camillia Kong… Read more
Section 49 MCA reports – letter from the Vice-President
The Vice-President of the Court of Protection, Hayden J, has published a letter (dated 16 December 2022) in relation to… Read more
2022 – a year in (mostly) Court of Protection cases shedinar
In the first shedinar of 2023, I have done a review of the key cases from the Court of Protection… Read more
Changes to P&A deputyship applications from 1 January 2023 – updated (and a festive puzzle)
As part of the move to a new notification process will become the standard process for all Property and Affairs… Read more
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