Anticipatory declarations, fluctuating capacity and sections 5 and 6 of the Mental Capacity Act

A new Court of Protection decision on the issue of fluctuating capacity is essential reading for healthcare professionals navigating these complex cases. 

Leah Selkirk explains how the judge decided not to make an anticipatory declaration but instead concluded that the carers could rely on sections 5 and 6 of MCA.

Read Leah’s article here. 

Webinar on Thursday 31 October 2024 at 4:45pm 

Join Sam Karim KC and Aisling Campbell in this bitesize seminar on the recent case of Leicester County Council v P and Anor [2024] EWCOP 53 (T3). Leah Selkirk will be a guest panelist.

The seminar is a must attend for all Court of Protection practitioners as it will explore:

• The use of sections 5 & 6 of the MCA 2005;
• Whether the Court does have power to make anticipatory declarations of incapacity under section 15 of the MCA; and
• When the use of anticipatory declarations is appropriate.

Register for the webinar here,