Openjusticecourtofprotection.org

Cataract surgery for a patient who’s refusing it

WebBy Celia Kitzinger, 25th October 2021. A woman in her 50s (Miss T) has severe cataracts in both eyes and is “struggling” with her vision.But she’s refusing cataract surgery. She’s …

Actived: Just Now

URL: https://openjusticecourtofprotection.org/2021/10/25/cataract-surgery-for-a-patient-whos-refusing-it/

Court-enforced amputation or patient autonomy

WebMMSE is a widely used, very short, screening test (it is used less often now since it has become copyrighted). In a meta-analysis of its utility in 2009, here, the …

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“An awful state”: Self-neglect and mental capacity

WebBy Ian Brownhill, 17 January 2024 The description of a person being found in “an awful state” is one of the most common phrases than an adult social care lawyer will read. It is …

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Covert medication of persons lacking capacity: What guidance is …

WebBy Aswini Weereratne, 6th February 2023 Covert medication is the troubling practice of medicating a person without their knowledge because they have refused treatment …

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Visual Monitoring, Deprivation of Liberty and Human Rights

WebBy Claire Martin, 6th March 2021 Inspired by the Open Justice Court of Protection Project, I have attended several Court of Protection hearings over the past 8 months (and blogged …

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Lasting Powers of Attorney: Preferences and Instructions

WebBy 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 …

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Anorexia and refusing nutrition: An observer’s perspective on A …

WebBy Charlotte Buck, 4th August 2022 This case concerned Anorexia and the refusal of clinically assisted nutrition and hydration (CANH) - another sad case brought before the …

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Human rights in maternity and the Court of Protection

WebBy Members of the Perinatal Mental Health (PMH) Midwives UK forum, 25th May 2021. In a recent decision in the Court of Protection (A NHS Foundation Trust v An …

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Who’s Who in the Court of Protection

WebIf you observe a case listed on the Family Division of the High Court ( here) it will be a Tier 3 Judge. It could be the President or the Vice-President of the Court of …

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Lasting Power of Attorney: Across Borders

WebA Lasting Power of Attorney can only be made when you are deemed to have the mental capacity to make the decision to appoint attorneys. The form requires …

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What is a section 49 report

WebSection 49 of the Mental Capacity Act 2005 makes provision for the Court to require a report to be produced in respect of the Protected Party (P), about whom the …

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Keeping Mum in her own home: Deprivation of Liberty and Powers …

WebBy Celia Kitzinger, 28th June 2021 Update: I’m informed that the next hearing for this case (previously listed for 2nd July 2021) has now been vacated, and is re-listed for 4th …

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The politics of the pandemic in the Court of Protection

WebFears about government infringement of fundamental freedoms via compulsory vaccinations and vaccine passports has also fuelled public unrest …

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Promoting Open Justice in the Court of Protection

WebBy Celia Kitzinger, 3 June 2022 The quotation in the title of this blog is (as many readers will recognise) from a judgment by Munby J. In full, the relevant passage reads as follows: A …

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Patient dies in hospital as Trust fails to comply with Mental …

WebBy Jenny Kitzinger and Celia Kitzinger, 29th December 2021 This hearing (COP 13861502) on 13 th December 2021 before Sir Andrew McFarlane, President of …

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‘The point is this – she is scared and vulnerable’: Judge about …

WebBy Claire Martin, 17 March 2024 There has been a series of hearings concerning Laura Wareham. I observed a previous hearing in June 2023, and blogged about it here. At that …

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Waiving anonymity to promote care home visiting rights: Michelle …

WebThe intention of the transparency order is to protect the person’s privacy and this is what many people who become “P”s in the Court of Protection want (or would …

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Should life-sustaining treatment be continued

WebNine public observers attended (via MS Teams) an all-day hearing in the Court of Protection before Mr Justice Poole (COP 1353507, 30 October 2020) …

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Coercive and controlling behaviour and undue influence: What is …

WebBy Bridget Penhale, 13th September 2021 I recently attended most of a 3-day Court of Protection hearing (reported in a blog post by Prof. Celia Kitzinger) concerning alleged …

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