Private Client analysis: Declarations were sought by NHS Trusts under the Mental Capacity Act 2005 (MCA 2005) that LV, a 20-year-old woman, lacked mental capacity to conduct proceedings and make decisions about her care and treatment, and that it was lawful and in LV’s best interests to undergo feeding whilst sedated within the Intensive Therapy Unit (ITU). LV was detained and receiving treatment under section 3 of the Mental Health Act 1983 (MeHA 1983) on an eating disorder unit for anorexia nervosa, which included being restrained and force-fed with a naso-gastric tube. This treatment was not successful as, in summary, LV would regurgitate most, if not all, of the feed meaning that she was losing body weight. The medical evidence demonstrated that absent this step being taken, LV would die within days or weeks. This was an urgent application and there was insufficient time for the Official Solicitor to obtain LV’s wishes and feelings...
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The Official SolicitorThe Official solicitor (OS) is an officer of the Supreme Court appointed by the Lord Chancellor. The Official Solicitor's staff includes a number of experienced solicitors who specialise in Court of Protection proceedings and whose experience and practical knowledge not only
Court of Protection—permission to applyFor certain applications to the Court of Protection (the court), the applicant used to have to obtain permission to apply before they could commence proceedings. However, the Court of Protection Rules 2017 (COPR 2017) now provide that the application for
Court of Protection—notificationThis Practice Note applies to the majority of applications to the Court of Protection. However, it is important to note that a different procedure applies to applications to appoint a property and financial affairs deputy. From January 2023, an upfront notification
Deputyship returns and accountsFor all those appointed by the Court of Protection to act as a deputy for property and financial affairs or health and welfare, either as a lay deputy or a professional deputy, there is a requirement to complete an annual return to the Office of the Public Guardian
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