21 Nov, 2019
Anticipating loss of capacity and Fluctuating capacity
DOCTORS CAN PERFORM C-SECTION IF WOMAN LOSES MENTAL CAPACITY, JUDGE RULES - Ruling comes despite woman, who has bipolar disorder, saying she does not want procedure
Headlines such as the above are becoming increasingly frequent. Just how does the Court deal with a situation in which it is anticipated that an individual will lose capacity in a traumatic situation? How should the Court consider the best interests of an individual whose capacity fluctuates? How is causation approached when assessing the mental disorder/impairment?
John Churchill and Grace Flynn, both members of Chambers’ Court of Protection team, will provide an overview of recent case law in this evolving area, outlining developing principles and practical approaches to dealing with the issues of fluctuating and anticipatory loss of capacity.
Duties of Deputies and Attorneys
Michael Selway and Oliver Mitchell will provide an outline of some of the important fiduciary duties affecting trustees and those in equivalent positions, and will consider how these apply to and shape the responsibilities of deputies and attorneys and their oversight by the Court of Protection.
These Breakfast Bite sessions are usually over-subscribed so spaces may be limited and numbers restricted per firm.
Breakfast & refreshments will be provided.