The Royal College of Physicians has published (10 March 2021) a guide to practical care and clinical assistance. Its particular… Read more
Tag: capacity
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
When does mental incapacity constitute a ‘status’?
Can impaired decision-making capacity constitute a ‘status’ for purposes of purposes of the law relating to discrimination? That was the… Read more
COVID-19 and care homes – further developments from the Court of Protection
BP v Surrey County Council & Anor [2020] EWCOP 22 is the second decision concerning an 83 year old man,… Read more
Mitigating the risk of assumptions and biases in assessments of mental capacity: briefing document
A very useful briefing document by Sophie Stammers and Lisa Bortolotti from the University of Birmingham has been published on… Read more
Medical treatment, due haste, and capacity complexities
Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has… Read more