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Tag: Capacity

Posted on September 6, 2021September 6, 2021

Case law surrounding fluctuating capacity – Liverpool City Council v CMW (2021)

The issue of fluctuating and issue specific capacity was considered in this recent case. The matter related to whether a young woman had the capacity to make decisions in specific…

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Posted on May 21, 2021May 21, 2021

Does P have litigation capacity?

The issue of whether P had litigation capacity was considered in the recent case of P, Re [2021] EWCOP 27. P, a 60 year old woman, has diabetes, paranoid schizophrenia…

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Posted on May 20, 2021June 23, 2021

Does P have capacity to make decisions as to his care and residence?

In the recent case of KG (Capacity) [2021] EWCOP 30, it was necessary for the Court to determine whether P had capacity to make decisions as to his future care…

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Posted on November 5, 2018November 5, 2018

To what extent should the Court consider the Protected Party’s capacity (and wishes) to consent to sexual relations and contraception?

The Protected Party is a young woman with learning disabilities. She previously lived with her family but took part in a number of social and community activities. Concerns were raised,…

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