Court of Protection Update

Cumbria County Council v A [2020] EWCOP 38 Tower Hamlets LBC v PB [2020] EWCOP 34 The Court of Protection has confirmed that where a Deputy wishes to stop acting, they cannot do so by simply withdrawing their consent to act. An application to cease acting must be made to the…

Applications Relating to Medical Treatment – A Practical Application

Sherwood Forest Hospitals NHS Foundation Trust [2020] EWCOP 5  This article originally appeared in Issue 5 (May 2020). “Mrs H” was a 71-year-old lady with a history of Bipolar Affective Disorder. She was also suffering from squamous cell carcinoma on her face, but for an extended period of time, she…

Applications Relating to Medical Treatment – Guidance from the Vice-President of the Court of Protection

Applications Relating to Medical Treatment: Guidance Authorised by Justice Hayden, Vice President of the Court of Protection [2020] EWCOP 2  This article originally appeared in Issue 5 (May 2020). On 17 January 2020 the Vice President of the Court of Protection authorised the promulgation of guidance about when those involved…

Capacity Assessment and Hunger Strike

This article originally appeared in Issue 5 (May 2020). QJ v A Local Authority [2020] EWCOP 3  The court decided that a further assessment of capacity was needed when an elderly man who was detained in a care home under Schedule A1 of the Mental Capacity Act 2005 expressed conflicting…

Contingent Declarations and Caesarean Sections

Guys and St Thomas' NHS Foundation Trust v R [2020] EWCOP 4  This article originally appeared in Issue 5 (May 2020). The Court of Protection made a contingent declaration allowing for a caesarean section to take place in the event of a patient losing capacity in the midst of labour. …

Application to Discharge a Nursing Care Home Resident

AG v AM [2019] EWCOP 59  This article originally appeared in Issue 5 (May 2020). The court considered an application by the wife of a man with substantial and complex care needs to for him to be discharged from a specialist nursing facility in order to live and receive care…