Tags » Mental Capacity Act

Ethical dilemmas and blood transfusions

This is part one of a Court of Protection decision about a very difficult case, throwing up ethical dilemmas.

Nottinghamshire Healthcare NHS Trust and J… 2,251 more words

Case Law

Irascible does not mean incapable - Court of Protection

Wandsworth Clinical Commissioning Group v IA (By the Official Solicitor as his Litigation Friend)  EWHC 990 (COP) 3 April 2014 – read judgment

This was a case about determination of mental capacity,  which both judge and counsel described as “particularly difficult and finely balanced”.   977 more words

In The News

Whose Rights?

 Edna age 82 is just about to bite  a chocolate éclair. She is left in tears when a care assistant removes it from her telling her she is on a diet. 720 more words

Advance Decisions are ‘an essential means of allowing individuals to determine their care in the event that they lose capacity'

We welcome these recommendations as we know that although the majority of the public have strong opinions on their own end of life treatment, only 4% have made these wishes known in an Advance Decision or by appointing a Lasting Powers of Attorney.

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Incapacity cannot be deduced from isolated incidents of eccentric reasoning

The Court of Protection decision in Heart of England NHS Foundation Trust and JB 2014


In this case, the Court of Protection, in the form of Mr Justice Peter Jackson, was faced with an application by the Hospital for a declaration that JB, who was not consenting to an amputation, lacked capacity to make that decision and that the surgery was in her best interests. 3,422 more words

Case Law