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Information for "Guy's and St Thomas' NHS Foundation Trust v R (2020) EWCOP 4"

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Display titleGuy's and St Thomas' NHS Foundation Trust v R [2020] EWCOP 4
Default sort keyGuy's and St Thomas' NHS Foundation Trust v R (2020) EWCOP 4
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Page ID10426
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Page imageEssex newsletter 101.pdf

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Page creatorJonathan (talk | contribs)
Date of page creation18:54, 30 January 2020
Latest editorJonathan (talk | contribs)
Date of latest edit11:54, 8 October 2021
Total number of edits4
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R had capacity to make decisions as to her ante-natal and obstetric care but there was a risk that she would lose capacity during labour and refuse a Caesarean section. (1) MCA 2005 s16 (Powers to make decisions and appoint deputies: general) applies only to those who currently lack capacity. (2) MCA 2005 s15 (Power to make declarations) is not so limited and so can authorise contingent declarations. (3) Deprivation of liberty cannot be authorised by s15 but the inherent jurisdiction may be utilised to fill that lacuna which would otherwise render the s15 power nugatory.
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