Today I want to talk about an issue that I have come across regularly in practice: individuals who are refusing care. The reason I am talking about this is that I have seen this concept misused by public authorities when this is convenient for them. I have a case at the moment where this isContinue reading “Refusal of care: when it’s not so simple”
Tag Archives: Case studies
About face: changing your position during Court of Protection proceedings part 3
This is the third post in a series about changing your mind during Court of Protection proceedings. If you’ve not read parts 1 and 2, feel free to do so. But I’ll briefly recap the scenario too. Essentially, my client was in a care home, suffering from dementia and objecting to her residence there. HerContinue reading “About face: changing your position during Court of Protection proceedings part 3”
About face: changing your position during Court of Protection proceedings – part 2
In this series of posts, I’m exploring how to approach a situation if, during Court of Protection proceedings, the professionals views about what I’d viable or what is in P’s best interests. It happens sometimes, and it’s inconvenient and difficult to navigate. But not impossible to achieve. I’m using an example from my recent casesContinue reading “About face: changing your position during Court of Protection proceedings – part 2”
About face: changing your position during Court of Protection proceedings – part 1
I want to talk about a relatively common occurrence that occurs during Court of Protection proceedings: changing the professional recommendations. In writing this I’ve realised I have a lot to say on this topic so I’ve broken it down into 4 parts. To start us off, I’ll set the scene. In one of my casesContinue reading “About face: changing your position during Court of Protection proceedings – part 1”
A reminder of why DoLS matters
In this post I’m going to talk about one of my recent cases which I think highlights why the whole DoLS process is important. I think it’s very easy when systems are overworked, and when it is acknowledged that the current process is far from ideal, to start to see DoLS as an inconvenience andContinue reading “A reminder of why DoLS matters”
Capacity, care and alcohol consumption
I’ve come across a few cases recently where a key issue has been P’s alcohol consumption and their behaviour when drunk. It’s a tricky area that we have had some difficulty navigating, so it seemed like a worthwhile topic to write about. The first example concerns A, a middle-aged man with an acquired brain injuryContinue reading “Capacity, care and alcohol consumption”
How the court decides best interests: when it comes down to it
I have broken down the stages of the process of reaching a best interests determination through the Court of Protection in a series of posts on this topic. If you’ve come across this post without reading the previous three posts, then you might want to start at the beginning and work your way through I’llContinue reading “How the court decides best interests: when it comes down to it”
How the court decides on best interests: is that really that important though?
This is the third post in my series about how the Court of Protection makes best interests decisions. In practice, it’s a messy process, but I have broken it down into stages to make it easier to understand. Or that’s my intention anyway. If I’m only confusing you further, I do apologise! So we startedContinue reading “How the court decides on best interests: is that really that important though?”
How the court decides on best interests: part 2 What about this?
In part 1 of this series we looked at how to identify the available options, by talking about P and his future residence and care. The court is satisfied that there are currently 3 available options, Blue Care Home, Yellow Cottage supported living and Q’s house (his sister) with care from Pink Care Agency. SoContinue reading “How the court decides on best interests: part 2 What about this?”
Much ado about financial deputies
I rarely delve into financial aspects of the MCA, partly because it comes up very rarely in my role, and partly because cases of interest are so infrequent. But I read this on a few weeks ago, and it’s been playing on my mind. The case of Sunil Kambli v Public Guardian and others [2021]Continue reading “Much ado about financial deputies”