Elmari Bishop
All posts by Elmari Bishop
An overview of what to consider when deciding which legislative regime to follow in a hospital or community setting when admission and care or treatment might lead to a deprivation of liberty.
Looks at the type of decisions that often need to be brought before a judge and implications for practice.
Looks at the best interests decisions that should be brought before a judge in relation to contact and residence.
Case law examining situations where the Mental Capacity Act will not provide the authority for a medical treatment decision to be made for someone who lacks the capacity to make the decision themselves.
Identifying the relevant information when assessing capacity to consent on these decisions which fundamentally interfere with a person's rights to liberty and respect for private and family life.
The issue of consent to sexual relations and marriage is often a dilemma for practitioners. Case law provides guidance and this guide looks at implications for practice, including why both situations are "act specific" and not "person specific".
How to include the individual's wishes and feelings when making a best interests decision; use the best interests checklist; and identify when an option perceived as higher risk than another, but is in line with the individual's wishes, is in their best interests.
Sets out the principles behind the Mental Capacity Act and the steps that must be taken to ensure you are legally compliant when carrying out a mental capacity assessment.
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