Mental Capacity Report - December 2022

Welcome to the December 2022 Mental Capacity Report. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: Collection of sperm where a person is on the edge of brain death; public protection and deprivations of liberty; and many newly-reported ‘part 2’ judgments tell us what happened next.

(2) In the Property and Affairs Report: Lasting Powers of Attorney bill is published; and deprivations of assets.

(3) In the Practice and Procedure Report: Cross-border placements; and amendments to the Court of Protection Rules.

(4) In the Wider Context Report: ‘A gloriously ordinary life’; Crowter in the Court of Appeal; consent to adoption and capacity; prolonged disorders of consciousness; and a Strasbourg update.

(5) In the Scotland Report: A new checklist for cross-border placements; a decision to close day centres is reduced; and model laws for advance choices.

You can find our past issues, our case summaries, and more on our dedicated sub-site here, where you can also subscribe to this Report, and where you can also find updated versions of both our capacity and best interests guides.

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