November 2021 Mental Capacity Report – and walkthrough

The November 2021 Mental Capacity Reports is about to hit subscribers‘ inboxes.  Highlights this month include:  Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: the Sexual Offences Act, care workers, and paying for sex; and obligations that cannot be avoided in the context of decisions about serious medical treatment;

(2) In the Property and Affairs Report: an important consultation on a scheme to enable access to funds held by financial institutions; and guidance about disclosure of medical records to attorneys and deputies;

(3) In the Practice and Procedure Report: a new training video on communication and participation, the use of the inherent jurisdiction overseas, and a systemic approach to unblocking entrenched relationships;

(4) In the Wider Context Report: the CQC’s State of Care report, vaccination and children, and a new research report on accessible legal information;

(5) In the Scotland Report: an important reversal of course by the OPG for Scotland in relation to remuneration of professional guardians.

The Compendium Report is here, and the Screen-Friendly version here.

We also say a – temporary – farewell to Annabel Lee as she goes on maternity leave, and welcome to Nyasha Weinberg as the newest member of the team.

You can find our past issues, our case summaries, and more on our dedicated sub-site here, where you can also find updated versions of both our capacity and best interests guides.  If you want more information on the Convention on the Rights of Persons with Disabilities, which we frequently refer to in this Report, we suggest you go to the Small Places website run by Lucy Series of Cardiff University.

My walkthrough is here:

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One Reply to “November 2021 Mental Capacity Report – and walkthrough”

  1. Thanks for the latest newsletter. Re: the OPG guidance on information-sharing, it’s useful but right at the end it summarises principle 3 of the MCA as conferring a right to make unwise decisions. I think that the wording should track the MCA wording and I’ve emailed the OPG accordingly.

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