“Many of us may be deemed by the courts to lack capacity to make key decisions about our own lives at a point where we believe ourselves entitled to make decisions for ourselves – indeed the very loss of insight that can come with brain injury may render us completely unable to recognise our own limitations. Like Mr G, we may fight (and lose) an argument that we are capacitous.”
Tag Archives: Court of Protection
Costs and benefits of acting as expert witness in the Court of Protection
By a Serious Brain Injury Case Manager, 13 October 2020 This tweet gave me reason to pause and reflect because it came on the back of a request by a lawyer to commission me, as a professional working in acquired brain injury, as an expert witness for the Court of Protection. The vast majority ofContinue reading “Costs and benefits of acting as expert witness in the Court of Protection”
Applying to be a deputy in place of the court-appointed deputy
“…it was reassuring to witness a judge who acted with empathy for the family’s concerns whilst ensuring that P remained the primary focus. Judge Hilder skilfully found solutions to empower both P and her family throughout the process by suggesting ways to involve them as much as possible.”
A Litigant in Person returns to the virtual court – Navigating Approaches to Care when Family and Local Authority Disagree – Part 2, One Week On
“…I also recognise that I may hear things that I disagree with in the course of a hearing. When something unexpected is said, I noted that the Judge needs to quickly form a view on whether it is relevant to the hearing or not, and if not, let it go…”
Covert medication
“…Understandably, the decision to prescribe an antipsychotic to a person with dementia and administer it covertly should not be taken lightly. Counsel in this hearing noted that it represented a ‘significant interference’ with P’s human rights…”
Authorising restraint– an uneasy judicial decision
“…The person at the centre of the case (“F”) was described as an intelligent, articulate woman. She is 38 years old and has end-stage kidney failure. She had refused dialysis between 28 July and 11 August 2020 and was at a real risk of dying…”
Lasting Powers of Attorney: Preferences and Instructions
By Heledd Wyn – 3rd September 2020 Hearings in the Court of Protection sometimes include consideration of Lasting Powers of Attorney (LPA). Did the person have capacity to grant the LPA? Do they have capacity to cancel it? Is the attorney acting in the person’s best interests? In this blog I consider the importance of LPAs asContinue reading “Lasting Powers of Attorney: Preferences and Instructions”
Justice Delayed
“…my overriding impression was a sense of outrage at the impact that the delays described were demonstrably having on P and on his quality of life…”
How to Find a Court of Protection Hearing to Observe
By Celia Kitzinger, 17th August 2020 There are various ways for you to find a hearing to observe, if you are interested in seeing law in action in the Court of Protection. Obviously, you can simply pick one of our “Featured Hearings” from the home page of our website: we update them every evening forContinue reading “How to Find a Court of Protection Hearing to Observe”
Bearing Witness: Anorexia Nervosa and NG Feeding
“Yesterday I bore witness. I cannot think of an opening statement to articulate the experience better…”
Promoting Open Justice in the Court of Protection 