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Court of Protection Blog

Our Court of Protection solicitors egularly write about related legal topics and breaking news, we welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 01616 966 229.

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Human Rights and Mental Capacity - an interplay in the Court of Protection

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Re BNK (Dental Treatment) [2023] EWCOP 56 provided a restatement of the interaction between the Mental Capacity Act 2005 ('MCA') and the European Convention on Human Rights (‘the convention’). Factually, it concerned dental treatment...

Palliative care in the Court of Protection - weighing the options

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Judgment in The NHS Foundation Trust v K [2023] EWCOP 57 was handed-down on 14 th December 2023. It concerned an application by a hospital trust (‘the trust’) for declarations with respect to treatment for K, a young person who was an...

Mental capacity and best interests in pregnancy termination

Katie Byrne
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The central issues in the recent Court of Protection case of Re H (An Adult; Termination)  [2023] EWCOP 183 [1] ) concerned Ms H's capacity to decide to terminate her pregnancy and if she did lack capacity, whether a termination was in her ...

Adult social care - hospital discharge figures

Sophie Holmes
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Stats revealed by the BBC recently suggest that fewer than 1 in 10 patients in North West hospitals who are medically fit for discharge are actually able to leave due to a lack of beds in other settings. Research found that the North West was the worst...

Specialist Court of Protection solicitors

Sophie Maloney
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At Stephensons our specialist  Court of Protection solicitors  deal with all contentious health and welfare related cases including disputes surrounding mental capacity and best interests as well as disputed property and affairs matters. Mental...

The role of a property and affairs deputy

Paige Richards
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Being a property and affairs deputy is an important responsibility, you must ensure that you are acting in the client’s best interest. When establishing whether you are acting in the client’s best interest, you need to ensure the decisions...

An end-of-life decision in the Court of Protection

Sophie Maloney
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Northern Care Alliance NHS Foundation Trust v KT & Ors [2023] EWCOP 46 (25 August 2023) “…there comes a point where the laudable aspiration to prolong life is overtaken by the equally strong moral imperative not to protract death. Where...

A Court of Protection application to authorise a planned caesarean section

Sophie Holmes
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The recently published North Middlesex University Hospital NHS Trust & Anor v MB [2023] EWCOP 23 concerned a 26-year-old woman, ‘MB’ who was 37 weeks pregnant and shortly due to give birth to her first child. MB was detained in hospital...

Best interests - who decides? Making decisions for adults who lack mental capacity

Sophie Holmes
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A new BBC drama ‘Best Interests’ aired recently, highlighting the difficulties that can be faced when a best interests dispute occurs and attracting debate as to who should have the final say in such decisions. Sophie Holmes, solicitor in...

Carers Week 2023 - what can solicitors assist carers with?

Jessica Hobro
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This year, Carers Week, is taking place from 5th to 11th June. Carers Week is an annual campaign to raise awareness of caring, to highlight the challenges unpaid carers face and recognise the contribution they make to families and communities throughout...

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