*Newcastle upon Tyne Hospitals Foundation Trust v LM

Mental health – Persons who lack capacity. An application was made by the NHS Trust for a declaration that it would be lawful to withhold a blood transfusion from LM, a gravely ill 63-year-old female Jehovah's Witness. The Court of Protection held, considering the concept of capacity under the Mental Capacity Act 1983, that LM had the capacity to decide whether to accept or refuse a blood transfusion and that decision taken by LM prior to her loss of capacity was applicable to her later more serious condition.

Category: