Powers, defences and the ‘need’ for judicial sanction: an update

Posts Tagged by: Mental Capacity Article

Powers, defences and the ‘need’ for judicial sanction: an update

This paper looks at circumstances in which applications are needed to court in the context of moves of residence and medical treatment.  To read this article please click HERE

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Discussion Paper: Modernising The Mental Health Act

This discussion paper, from Neil Allen, outlines and comments upon the key elements of the White Paper published on 13 January 2021 proposing reforms to the Mental Health Act 1983…. Read more »

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Advance decisions: getting it right?

The provisions relating to the existence, validity and applicability of advance decisions, and especially those relating to life-sustaining treatment, are some of the most important in the Mental Capacity Act… Read more »

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Discussion Paper: Deprivation of Liberty, Cheshire West and the CRPD

This paper discusses whether there may be room in which to revisit Cheshire West to capture (in a principled fashion) what appears to be an instinctive difference between: a. the… Read more »

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Mental Capacity Report: Special Report: Law Commission MCD Project

In this special report, we provide full coverage of the recently published Law Commission Report on proposed amendments to the Mental Capacity Act. We include a detailed summary of the… Read more »

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More presumptions please? Wishes, feelings and best interests decision-making

This article first appeared in 3 Elder Law Journal (293-301, 2015) published by Jordan Publishing. All rights reserved. (c) Jordan Publishing, Alex Ruck Keene. To read the full article, please click… Read more »

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Judicial authorisations of deprivation of liberty – updated guidance

The guidance note previously prepared by the Mental Capacity Newsletters has now been updated to take account of this week’s decision of the Court of Appeal in Re X, and… Read more »

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Re X decision out now – the Court of Appeal and deprivation of liberty

The Court of Appeal has confirmed that both domestic law and the requirements of Article 5 currently mandate that P is joined to proceedings for judicial authorisation of the deprivation… Read more »

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Court of Protection Issues

This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty… Read more »

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