Challenges not just to the application, but the very legitimacy, of the concept of mental capacity over the past 10… Read more
Posts
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
The paramountcy of wishes and feelings – the Isle of Man takes on mental capacity
Reminding us always that it is very helpful to look around outside England & Wales, the Capacity Bill 2022 has… Read more
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