Leicestershire County Council v P (Capacity: Anticipatory declaration) [2024] EWCOP 53 (T3)

Anticipatory declarations The Court of Protection confirmed that it has jurisdiction to make anticipatory declarations under MCA 2005 s15(1)(c), and provided guidance (including that s5 and s6 MCA 2005 are not limited only to address emergency situations). On the facts (the person suffered from dissociative identity disorder, or complex PTSD with dissociative characteristics, and had fluctuating capacity) no anticipatory declarations were made.

Essex

This case has been summarised on page 2 of 39 Essex Chambers, 'Mental Capacity Report' (issue 145, November 2024).

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Other capacity cases🔍

Date: 18/10/24🔍

Court: Court of Protection🔍

Judge(s):

• Theis🔍

Parties:

• P🔍
• NHS Leicester Leicestershire and Rutland ICB🔍
• Leicestershire County Council🔍

Citation number(s):

• [2024] EWCOP 53 (T3)^B

What links here:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 145, November 2024)

Published: 29/10/24 21:48

Cached: 2024-12-19 09:37:39