NHS Surrey Heartlands ICB v JH [2023] EWCOP 2

Advance decision and death "This is an application brought by [the ICB], in respect of the respondent, JH [for] a declaration pursuant to section 26(4) [MCA 2005] that JH made an advance decision on 10 December 2017 which is valid and which applies to any invasive test or treatment (including life sustaining treatment). Further and for the avoidance of doubt, the draft declaration seeks a recording 'that a person does not, therefore, incur liability for the consequences of withholding such tests or treatment from JH'."


Essex newsletter 129.pdf
This case has been summarised on page 7 of 39 Essex Chambers, 'Mental Capacity Report' (issue 129, February 2023).

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Full judgment: BAILII


  • Medical treatment cases🔍

Date: 19/1/23🔍

Court: Court of Protection🔍



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Published: 6/6/23 20:41

Cached: 2024-04-13 10:19:12