Mental Capacity Report – March 2022

Mental Capacity Report – March 2022


CategoryNewsletters Author Victoria Butler-Cole KC, Simon Edwards, Neil Allen, Katharine Scott, Nicola Kohn, Arianna Kelly, Rachel Sullivan, Stephanie David, Nyasha Weinberg Date

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

(1) In the Health, Welfare and Deprivation of Liberty Report: Capacity to refuse treatment while on a CTO and deprivations of liberty for children;

(2) In the Property and Affairs Report: testamentary capacity;

(3) In the Practice and Procedure Report: naming P, public or private hearings, judicial visits and litigation capacity;

(4) In the Wider Context Report: voting rights and disability, sufficiency of care and Article 8, and Article 2 inquests;

(5) In the Scotland Report: Guardians’ remuneration and the Scottish Mental Health Law;

You can find our past issues, our case summaries, and more on our dedicated sub-site here, where you can also find updated versions of both our capacity and best interests guides.   We have taken a deliberate decision not to cover all the host of COVID-19 related matters that might have a tangential impact upon mental capacity in the Report. Chambers has created a dedicated COVID-19 page with resources, seminars, and more, here; Alex maintains a resources page for MCA and COVID-19 here, and Neil a page here.   If you want more information on the Convention on the Rights of Persons with Disabilities, which we frequently refer to in this Report, we suggest you go to the Small Places website run by Lucy Series of Cardiff University.

Click here for the screen-friendly version of the Report

Click here for the print-friendly version of the Report

 


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