*United Lincolnshire Hospitals NHS Trust v CD

Medical treatment – Future mental incapacity. The proceedings gave rise to a novel issue, concerning the respondent (CD), a 27-year-old woman who was diagnosed with paranoid schizophrenia, because, while it was common ground that she did not currently lack capacity to make decisions in respect of the birth of her baby and the associated treatment, her clinicians considered that there was a substantial risk that she might become incapacitous in relation to such decisions at a critical moment in her labour. The Court of Protection, in allowing the applicant NHS Trust's application for a contingent and anticipatory declaration, authorising a care plan in respect of CD, held that, in the exceptional circumstances, the court had the power to make such a declaration, contingent on CD losing capacity, pursuant to s 15(1)(c) of the Mental Capacity Act 2005. The court further ruled that, where a court was making such an order, it was necessary for it to be made in the declaration itself, and that such a declaration should be made on the face of the court order.

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