Co-authored by Nageena Khalique KC and Rachael Gourley.
Contents
- A The court’s jurisdiction 3.1
- The historical context 3.2
- B General rules 3.3
- General rule 1: A capable adult’s wishes must be respected 3.3
- Exception: Mental Health Act 1983, s 63 3.4
- Case law on the MHA 3.5
- General rule 2: There is only limited proxy of consent for others 3.9
- General rule 3: There is a power under the MCA to treat in an incapacitous person’s best interests 3.10
- Doctrine of necessity 3.11
- C Decision making for adults under the MCA 3.12
- Principles 3.12
- Determination of best interests – overview 3.13
- Holistic/wider best interests 3.14
- ‘Analysis of Competing Issues’ 3.15
- The focus on the patient 3.18
- P’s wishes and feelings, beliefs and values 3.21
- Independent Mental Capacity Advocates 3.22
- Consultation with other people 3.23
- DNAR Notices 3.24
- Sharing information 3.25
- Interests of others 3.26
- Financial interests 3.27
- Experimental and controversial treatment 3.28
- End of life – intolerability and dignity 3.29
- The sanctity of life – a starting point 3.30
- Advance decisions 3.31
- Scope of power to treat 3.32
- The power of the Court of Protection to consent to treatment 3.33
- Covert administration of medication and deceit 3.34
- Deception and P’s Article 8 rights 3.36
- Covert insertion of contraceptive devices? 3.37
- Does P need to be told he has been covertly medicated? 3.38
- Covid-19 vaccination case law 3.39
- Where vaccination not in P’s best interests 3.40
- ‘Booster’ shots 3.41
- D The court’s powers under its inherent jurisdiction relating to vulnerable adults 3.42
- E Conclusion 3.45