Mental Capacity Report – February 2017

Mental Capacity Report – February 2017


CategoryNews Author Simon Edwards, Neil Allen, Alexander Ruck Keene, Victoria Butler-Cole, Annabel Lee Date

Welcome to the February 2017 Mental Capacity Report. You will note a new look, and also a new title, which reflects the fact that over the years we have evolved to carry material that goes considerably wider and deeper than in a conventional Newsletter. We have also retitled the individual sections of the Report (which you can continue to get in compendium and screen-friendly forms).

Highlights this month include:

  1. In the Health, Welfare and Deprivation of Liberty Report: positive obligations under Article 5, deprivation of liberty in the intensive care setting, and best interests in the context of childbirth and anorexia;
  2. In the Property and Affairs Report: common mistakes in making LPAs;
  3. In the Practice and Procedure Report: costs in medical treatment; an important case on time-limits in HRA cases, frustrating the Court of Protection and the end of era marked for the Court of Protection Practice;
  4. In the Wider Context Report: a new MCA/DOLS resource, capacity and the MHT, restraint in the mental health setting, mental health patients in general hospitals and truth and lying in dementia;
  5. In the Scotland Report: solicitors claiming an interest and the nobile officium comes to the rescue.

Click here to download the screen-friendly version of the Mental Capacity Report

Click here to download the print version of the Mental Capacity Report.


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