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Mental Capacity Act – anticipating loss of capacity

8 July 2019

Health lawyer, Chris Stark, provides you with an update on the recent case of United Lincolnshire Hospitals NHS Trust v CD [2019] EWCOP 24.

Chris discusses the recent and helpful decision of the High Court in a situation where someone has capacity to make a healthcare decision, but there is a clear and foreseeable risk that they will lose capacity at a particular moment in time. In this case the individual was detained under the Mental Health Act, regained capacity to make decisions about her obstetric care, but risked losing capacity at a critical moment in labour. The court was willing to authorise contingent and anticipatory declarations in the event that CD lost capacity. 

This case will be important to clinicians and Court of Protection practitioners alike. Watch more to hear the details on the legal argument and the specific facts of the case


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The opinions expressed on this video are provided for the purposes of general interest and information and should not be relied upon. They contain only summaries of aspects of the subject matter at the time of publishing and do not provide comprehensive statements of the law. They do not constitute legal advice and do not provide a substitute for it. So why not talk to us and seek advice that's tailored to you? You can look up one of our experts on this website or call on 0370 270 6000.

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