Jehovah’s Witnesses, blood transfusions and capacity: PW – Law & Religion UK

‘In PW (Jehovah’s Witness: Validity of Advance Decision), Re [2021] EWCOP 52, Mrs W, aged 80, had Alzheimer’s. She was seriously ill in hospital with potentially fatal internal bleeding from a gastric tumour and the evidence was that a blood transfusion and surgery could mean that she would live for another five to ten years. However, she had been a practising Jehovah’s Witness for most of her adult life. Her medical team had concluded that she lacked capacity to make decisions about her treatment, but she had made an advance decision in 2001 – which appeared to have been held on a register of such decisions made by Jehovah’s Witnesses – to refuse blood or blood products even if her life was in danger. All parties accepted that the advance decision had been properly made.’

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Law & Religion UK, 19th October 2021

Source: lawandreligionuk.com

Society voices ‘genuine concerns’ about power of attorney reforms – Law Society’s Gazette

‘The Law Society has raised concerns about plans to make it easier to obtain lasting power of attorney (LPA), warning that sufficient safeguards must remain in place to protect the vulnerable.’

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Law Society's Gazette, 14th October 2021

Source: www.lawgazette.co.uk

Research Briefing: Powers of attorney and other decision-making powers – House of Commons Library

‘This Commons Library briefing paper deals with powers of attorney and other ways of authorising someone to make a decision for another person in England and Wales.’

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House of Commons Library, 6th October 2021

Source: commonslibrary.parliament.uk

“The most complex Covid patient in the world” – UK Human Rights Blog

Posted September 15th, 2021 in coronavirus, Court of Protection, human rights, medical treatment, news by tracey

‘Cambridge University Foundation NHS v AH and others (by her Litigation Friend and the Official Solicitor). These are the words that Hayden J, Vice President of the Court of Protection, used to describe AH, the applicant in this case. The Official Solicitor identified it as “the most troubling and tragic of cases of this kind” with which she has been involved.’

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UK Human Rights Blog, 13th September 2021

Source: ukhumanrightsblog.com

What Are Deputyships And What Do They Mean For Our Rights? – Each Other

‘There are two distinct types of deputyship: property and financial affairs deputyship (PFAP) and personal welfare deputyship (PWD). Approximately 375 PWDs and 15,000 PFAPs are applied per year.’

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Each Other, 18th August 2021

Source: eachother.org.uk

Judge to decide if Covid patient should be allowed to die – BBC News

‘A judge has been asked to decide if a woman left brain damaged and paralysed from the neck down after contracting Covid-19 should be allowed to die.’

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BBC News, 18th August 2021

Source: www.bbc.co.uk

Court of Protection approves Covid vaccine for man lacking capacity, but declines to authorise booster dose without another hearing – Local Government Lawyer

‘A Court of Protection judge has approved the giving of the first and second dose of a Covid-19 vaccination to a man who lacks capacity, but has declined to authorise in advance the administration of a booster dose.’

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Local Government Lawyer, 16th August 2021

Source: www.localgovernmentlawyer.co.uk

Court of Protection Newsletter – Spire Barristers

Posted July 27th, 2021 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 13th July 2021

Source: spirebarristers.co.uk

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President – Local Government Lawyer

‘The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed “Freedom Day” – when coronavirus restrictions are lifted by the Government.’

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Local Government Lawyer, 15th July 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal makes no order for costs after allowing appeal by mother against Court of Protection order discharging her as party to proceedings – Local Government Lawyer

‘The Court of Appeal has made no order for costs in a case where it allowed a mother’s appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.’

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Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Law Society warns against remote hearings in public law children cases where parties have limited access to technology – Local Government Lawyer

‘Public law children cases where a party has limited access to technology or where parties require an intermediary or a translator are instances where remote hearings may not be the best format, the Law Society has warned.’

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Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Capacity to make decisions on care and alcohol dependency – Local Government Lawyer

‘Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

Court of Protection Newsletter – Spire Barristers

Posted June 14th, 2021 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 9th June 2021

Source: spirebarristers.co.uk

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty – Local Government Lawyer

‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’

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Local Government Lawyer, 10th June 2021

Source: www.localgovernmentlawyer.co.uk

Agoraphobic pregnant woman can be forced into hospital, UK judge rules – The Guardian

‘Judge rules medical staff can use minimum force on woman who has barely left home in four years.’

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The Guardian, 14th May 2021

Source: www.theguardian.com

Supreme Court gives permission to appeal in capacity to consent to sexual relations case – Local Government Lawyer

Posted May 6th, 2021 in appeals, autism, consent, Court of Protection, news, Supreme Court by sally

‘The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 5th May 2021

Source: www.localgovernmentlawyer.co.uk

Disabled people can be taken to prostitutes by care workers, judge rules – Daily Telegraph

‘Council care workers can help disabled people meet prostitutes without breaking the law, a judge has confirmed in a landmark ruling. A judge in the Court of Protection – a specialist court which considers issues relating to people who are deemed to lack capacity to make certain decisions – ruled that carers who facilitate adults with learning disabilities to visit sex workers will not be committing a criminal offence.’

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Daily Telegraph, 29th April 2021

Source: www.telegraph.co.uk

Court of Appeal overturns order discharging mother as party in Court of Protection proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a decision by the Vice-President of the Court of Protection to discharge a mother as a party to proceedings concerning her highly vulnerable 19-year-old daughter (P).’

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Local Government Lawyer, 27th April 2021

Source: www.localgovernmentlawyer.co.uk

Ep 142: Vaccine Hesitancy and the Court of Protection: Who Decides? – Law Pod UK

Posted April 28th, 2021 in coronavirus, Court of Protection, mental health, news, podcasts, vaccination by sally

‘What happens, if someone lacks capacity under the Mental Capacity Act, and their family for whatever reason objects to the Covid vaccine? Amelia Walker discusses three recent cases with Rosalind English.’

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Law Pod UK, 27th April 2021

Source: audioboom.com

Tragic Court of Protection case – Mills & Reeve

Posted April 15th, 2021 in Court of Protection, families, medical treatment, mental health, news by sally

‘Proceedings commenced initially by the father (“F”) in respect of his daughter, a young woman aged 20 (named “Lilia” in the judgment), who had attempted suicide. Very sadly, this had resulted in a catastrophic brain injury leading to a prolonged disorder of consciousness, from which she had not emerged and remained in a vegetative state.’

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Mills & Reeve, 14th April 2021

Source: www.mills-reeve.com