The National Mental Capacity Forum held a webinar on 15 June about preparing for the cliff-edge of 18. A recording… Read more
Tag: capacity
Sex and the limits of fluctuating capacity
When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question… Read more
Capacity, autism and indoctrination – a careful judicial navigation of a minefield
Re EOA [2021] EWCOP 20 is a complex case in relation to a 19 year old man, of wider interest… Read more
Distinguishing capacity and autonomy – the criminal law perspective
R v Rebelo [2021] EWCA Crim 306 is a very unusual criminal case, posing essentially existential questions as to the… Read more
Supporting people who have eating and drinking difficulties: new guidance from the Royal College of Physicians
The Royal College of Physicians has published (10 March 2021) a guide to practical care and clinical assistance. Its particular… Read more
Covert medication and involving the Court of Protection
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice… Read more
Getting the stages of the capacity test in the right order (and where rights, will and preferences do not pull in the same direction)
In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the… Read more
Section 21A, interim declarations and an ALR in action
In DP v LB Hillingdon [2020] EWCOP 45, Hayden J has clarified what the court is to do on an… Read more
Incapacity and the limits of persuasion
In Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37, Hayden J had to consider the… Read more
Capacity and suicide
[Warning: this post contains a legal analysis of the question whether a person can be said to have capacity to… Read more