Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) is a (rare) example of a court having to grapple… Read more
Category: Advance Planning
Anticipatory declarations and supporting P in her wish to protect herself
Leicestershire County Council v P & Anor [2024] EWCOP 53 (T3) is both an interesting and an important decision. It… Read more
The Grand Chamber of the European Court of Human Rights seeks to balance the right to life and the right to autonomy
The decision of the European Court of Human Rights in Pindo Mulla v Spain [2024] ECHR 753 is a very… Read more
Powers of Attorney Bill – what changes would it make to the LPA regime in England & Wales: walkthrough and amended version of MCA
In May 2022, the Ministry of Justice indicated in its response to the Modernising Lasting Powers of Attorney consultation that it… 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
The black box of the judicial visit to P – the Court of Appeal’s concerns and requirements
The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection… Read more
Contingency planning and the Court of Protection – what, if any, threshold has to be crossed?
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’… Read more
Advance decisions, Jehovah’s Witnesses and what does “doing something clearly inconsistent” with your ADRT mean?
The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment… Read more
Advance decisions to refuse treatment – getting it right
In light both of the increased focus on advance care planning and the recent case reinforcing the importance of compliance… Read more
‘True’ best interests, advance decisions and the subjective approach
In Barnsley Hospitals NHS Foundation Trust v MSP [2020] EWCOP 26, Hayden J considered an application, initially made to him… Read more