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Mental Health – Court of Protection. The Court of Protection declined to vary or alter the principle behind an order, made pursuant to s 49 of the Mental Capacity Act 2005, requiring the relevant NHS Trust to prepare a report addressing the capacity of the applicant, RS, to conduct the proceedings and to make certain decisions. It held, inter alia, that a question had arisen in relation to RS as to the extent or otherwise of her capacity. It was a matter well-suited for determination by s 49 of the Act, which was a proportionate response, as opposed to an instruction to an independent expert.
Mental Health – Court of Protection. The Court of Protection declined to vary or alter the principle behind an order, made pursuant to s 49 of the Mental Capacity Act 2005, requiring the relevant NHS Trust to prepare a report addressing the capacity of the applicant, RS, to conduct the proceedings and to make certain decisions. It held, inter alia, that a question had arisen in relation to RS as to the extent or otherwise of her capacity. It was a matter well-suited for determination by s 49 of the Act, which was a proportionate response, as opposed to an instruction to an independent expert.
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