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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...
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...
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 ...
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...
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...
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...
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...
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...
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...
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...