39 Essex Chambers, 'Mental Capacity Report' (issue 113, May 2021)

Essex newsletter 113.pdf

Mental capacity law newsletter "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a judgment looking beyond the diagnosis, paying for sex and the Court of Protection, navigating autism and indoctrination and relevant updates about visiting guidance in relation to care homes; (2) In the Property and Affairs Report: a staunch judicial defence of Banks v Goodfellow, Child Trust Funds and capacity, and updates from the OPG; (3) In the Practice and Procedure Report: discharging a party without notice, the white leopard of litigation capacity and CoP statistics; (4) In the Wider Context Report: DNACPR [Do not attempt cardiopulmonary resuscitation] decisions during COVID-19, litigation capacity in the civil context, and the interaction between capacity and the MHA 1983 in two different contexts; (5) In the Scotland Report: the new Mental Welfare Commission practice guidance on capacity, rights, and sexual relationships. Our Scottish team has been too busy making law in different countries to write more this month, but will bring updates next month about legislative developments on the cards as the new Scottish administration finds its feet."


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Type: Newsletter🔍

Title: Mental Capacity Report

Author: Ruck Keene, Alex🔍 · Butler-Cole, Victoria🔍 · Allen, Neil🔍 · Lee, Annabel🔍 · Kohn, Nicola🔍 · Scott, Katie🔍 · Sullivan, Rachel🔍 · David, Stephanie🔍 · Edwards, Simon🔍 · Ward, Adrian🔍 · Stavert, Jill🔍

Organisation: 39 Essex Chambers🔍

Date: May 2021🔍

Issue: 113

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