Mental Capacity Report - October 2023

MCR October 2023


Welcome to the October 2023 Mental Capacity Report, which is much shorter than last month’s blockbuster (to everyone’s relief). Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: Brain stem death before the courts and conveyancing;

(2) In the Property and Affairs Report: the Powers of Attorney Act 2023 gets Royal Assent, and how it will change the Mental Capacity Act 2005;

(3) In the Practice and Procedure Report: revised guidance for Accredited Legal Representatives and anonymisation of clinicians in cases involving the MCA 2005;

(4) In the Wider Context Report: a revised online ADRT service and a revised clinical guide for staff working with autistic people and those with a learning disability, and our Irish correspondents highlight two specific aspects of the Assisted Decision-Making (Capacity) Act 2015;

(5) In the Scotland Report: attorneys as executors.

Click below to download the Screen-friendly version of the Report or the Print-friendly version of the Report.

Watch Alex's walkthrough of the Report.

39 Essex Chambers October 2023 Mental Capacity Report walkthrough from Ruck Keene on Vimeo.