The Court of Protection has recently considered the issue of fluctuating mental capacity in relation to a woman with complex Post Traumatic Stress Disorder (PTSD) who dissociated regularly. The judge stated: ‘Whilst most of the time P is able to make decisions about her care and contact with others there are limited times when she is unable to do so when she dissociates in the context of leaving the property in certain circumstances or seeks to admit visitors to it. In particular, at those times she is unable to properly weigh the relevant considerations, understand the significant risks and make decisions to keep herself safe which she recognises need to be made when she does not dissociate and has capacity.’
The full judgment can be downloaded from here : Leicestershire County Council v P & Anor (Capacity: Anticipatory declaration) [2024] EWCOP 53
Edge Training run a wide range of courses on the Mental Capacity. Our commissioned courses can be viewed HERE - if you would like to enquire about commissioning us please email admin@edgetraining.org.uk or call 07825 731139. Our ticketed Events can be viewed and booked HERE.
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