October 2021 Mental Capacity Report and walkthrough

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

(1) In the Health, Welfare and Deprivation of Liberty Report: the 14^th birthday of the MCA, an important case about the scope and limits of ADRTs, and the impact of coercive control on capacity;

(2) In the Property and Affairs Report: a deputy stand-off and new blogs from the OPG;

(3) In the Practice and Procedure Report: anticipatory declarations and medical treatment – two different scenarios;

(4) In the Wider Context Report: children, competence and capacity in different contexts, the JCHR launches an inquiry into human rights in care settings, and a Jersey perspective on deprivation of liberty;

(5) In the Scotland Report: the Supreme Court, devolution and implications for CRPD incorporation, and resisting guardianship.

The compendium version is here, and the screen-friendly version here.

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

My walkthrough is here: