Mental Capacity - Recent Decisions & Developments Explored

Introduction

The law governing the assessment of mental capacity is constantly evolving, with recent case law bringing important developments for practitioners.

This new virtual classroom seminar provides a timely update on the latest decisions and role changes shaping mental capacity law, particularly within the Court of Protection.

Designed for practitioners already working in this area, the session will strengthen confidence and competence by clarifying recent procedural and rule changes introduced over the past 18 months, ensuring your practice remains current and effective.

Register to join this essential update to refresh your knowledge, stay compliant with recent developments, and enhance your professional practice in mental capacity and serious medical cases.

What You Will Learn

This live and interactive course will cover the following:

• The bar for capacity - CT v London Borough of Lambeth & Anor - judicial warning against setting the bar for capacity too high
• Wishes and feelings in medical treatment decisions - The Hillingdon Hospitals NHS Foundation Trust v YD & Ors (Refusal of Withdrawal of Treatment) - the importance of P’s wishes and feelings in medical treatment decisions
• Children, wardship and capacity - Re S (Wardship) - Court of Appeal guidance on the weight to be attached to the views of a 14-year-old and the applicability of Gillick which appears to have implications for the Court of Protection for those over 16 years
• Advance decisions to refuse treatment - Re AB - validity of advance decisions and the obligations on the person drafting and also those relying upon them
• Beliefs and insight - Lioubov MacPherson v Sunderland City Council - strong or unwise beliefs about medical treatment do not, without more, amount to a lack of insight or capacity
• Capacity and risk to others - ZX (Capacity to Engage in Sexual Relations) - a decision on assessing capacity where P may pose a risk to others

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.