Mental Capacity Report – May 2019

Mental Capacity Report – May 2019


Welcome to the May 2019 Mental Capacity Report. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: an update on the Mental Capacity (Amendment) Bill; reproductive rights and the courts; capacity to consent to sexual relations; and one option in practice;
(2) In the Property and Affairs Report: an attorney as witness; barristers as deputies and a range of new guidance from the OPG;
(3) In the Practice and Procedure Report: the need to move with speed in international abduction cases; executive dysfunction and litigation capacity, and a guest article on meeting the judge;
(4) In the Wider Context Report: new capacity guidance; a fresh perspective on scamming the Irish Cheshire West and the CRPD and life-sustaining treatment;
(5) In the Scotland Report: two judgments in the same case relating to anonymity and the ‘rule of physical presence’ in the context of the Mental Health Tribunal.

You can find all our past issues, our case summaries, and more on our dedicated sub-site here. With thanks to all of those who have been in touch with useful observations about (and enthusiasm for the update of our capacity assessment guide), and as promised, an updated version of our best interests guide is now out.

We trust we are also allowed to announce, with some pride, that no fewer than 5 of the editors have recently been appointed or reappointed to the Equality and Human Rights Commission panel of counsel, along with 3 other members of Chambers: see here.

Click here for the screen-friendly version of the report

Click here for the print version of the report

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