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Case briefing: the role of the Court of Protection and available options

The Supreme Court has recently handed down judgment in the case of N (Appellant) v ACCG and others (Respondents). This is a very significant decision, as it addresses the role of the Court of Protection, the court’s duty to actively manage all cases and the importance of focusing on available...

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Supreme Court holds that the Court of Protection must focus on available options

The recent Supreme Court judgment in N (Appellant) v ACCG and others (Respondents) is a significant decision that confirms that the Court of Protection (CoP) should only focus on available options when considering P’s best interests and not on options which may be unavailable through, for example, lack of funding....

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DOLS challenges in the Court of Protection – some much needed clarity

Until recently, there has been very limited guidance for Relevant Person’s Representatives (RPRs) and s39D Independent Mental Capacity Advocates (IMCAs) to rely on when determining when their duty to assist P to make an application to the court under s21A of the Mental Capacity Act 2005 (the Act) will arise....

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Advance decisions: what are they and are they still worth doing?

For some years now it has been possible for individuals to set out the circumstances in which they would refuse life sustaining medical treatment, so that their wishes can be followed if they lose capacity and cannot then make or communicate a decision. Initially this was possible through entering into...

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Dementia Awareness Week 2016

This week is Dementia Awareness Week. Dementia is affecting an increasing number of individuals, with a wider and potentially younger demographic. Angela Rippon will be addressing her own very real concerns in a forthcoming documentary and no doubt her worries are reflected by many who know individuals living with dementia....

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Dying Awareness Week: making sure your loved ones know your plans

Most of us think about getting older and worry about how we will cope physically, but it is not so easy to think about the possibility of incapacity. While someone retains capacity, they can set up Powers of Attorney, draw up Advance Decisions, or perhaps just communicate their thoughts and...

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Dying Awareness Week: signing up as an organ donor

I recently spent a fascinating afternoon in The Wohl Pathology Museum in Edinburgh, which includes an extensive collection of organs meticulously preserved in jars. These items were used for teaching in the early days of surgery and they demonstrate the truly amazing way that the body works and how each...

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Dying awareness week: the importance of making a Will

I was fascinated to read the Law Commission’s report on ‘legal oddities: fact or fiction’ – and particularly relieved to know that shooting a Welshman within the walls of Chester is a) probably an urban myth and b) thankfully superseded by murder and manslaughter laws. Good to know that in...

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Dying awareness week: planning for your future care and support

What will happen if there comes a time when you cannot manage your own affairs, perhaps because you have a stroke or develop dementia? Who will be making decisions for you? Will it be someone you have chosen, or someone who decides that they know best? Although mental incapacity can...

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Dying Awareness Week: the importance of making a funeral plan

Why plan your funeral? Why indeed. You won’t be there to enjoy it (unlike Noela Rukundo). However, planning your own funeral can take a lot of pressure off of those left behind. Choosing your own music, service and indeed funeral director can all make things that much easier. Importantly, though, make...

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