Mental Capacity Report – November 2019

Mental Capacity Report – November 2019


CategoryNews Author Victoria Butler-Cole QC, Simon Edwards, Neil Allen, Katharine Scott, Alexander Ruck Keene, Annabel Lee, Nicola Kohn, Katherine Barnes Date

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

(1) In the Health, Welfare and Deprivation of Liberty Report: two deprivation of liberty cases making clear what should (and should not) happen before the court; two important cases about reproductive rights and capacity, and capacity under stress in
different contexts;
(2) In the Property and Affairs Report: welcome clarity as to how to make foreign powers of representation effective; and capacity and the financial implications of marriage;
(3) In the Practice and Procedure Report: two important judgments from the Vice-President highlighting different aspects of case
management and confirmation as to the procedural rules governing inherent jurisdiction applications in relation to adults;
(4) In the Wider Context Report: news from the National Mental Capacity Forum (and a survey they need completing); an important case about the intersection of capacity, the inherent jurisdiction and the Mental Health Act 1983 in the context of force-feeding; and when you can rely upon your own incapacity to your benefit.
(5) In the Scotland Report: four important publications from the Mental Welfare Commission.

You can find all our past issues, our case summaries, and more on our dedicated sub-site 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, where you can also find clear guidance as to the (non) place of mental capacity in relation to voting, ahead of the deadline for registration in the General Election of 26 November.

Click here for the screen-friendly version of the report

Click here for the print version of the report


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