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Court of Protection Articles

Duncan Lewis Solicitors does not have direct involvement in the cases and events covered in these articles. These are articles that exist in the public domain and are used by Duncan Lewis purely for informative purpose.
Duncan Lewis:Court of Protection

Court of Protection judge rules in favour of ending life-sustaining treatment (15 November 2017)

An elderly woman, ‘P’, will have her life-sustaining treatment stopped after a judgment made by Mr Justice Hayden deemed that P would have felt the “minimally conscious” condition she has been in following a fall in 2016, to be a “travesty of life.” P is currently in the care of Salford Royal NHS Foundation Trust, who asked for the hearing to take place in order to decide whether they should continue feeding P through a tube.   Read more...

Duncan Lewis:Court of Protection

A retired senior judge has given a warning of the lack of safeguards in the power of attorney system in England and Wales (12 September 2017)

The Court of Protection grants lasting power of attorney to the families or close friends of individuals who lack the mental capacity to make their own decisions regarding their health and wellbeing, as well as their finances and property matters. Denzil Lush, who was the senior judge in the Court of Protection for twenty years, says that people should be more aware of the risks associated with lasting power of attorney documents, and has vowed that he himself would never sign one owing to the “devastating” impact they can have on family relationships. Lush wrote, in a new foreword to his book – regarded the definitive legal guide in this area – that the “lack of transparency causes suspicions and concerns which tend to rise in a crescendo and eventually explode.”   Read more...

Duncan Lewis:Court of Protection

Man with Down’s Syndrome had his human rights breached when he was banned from having sex with his wife (23 August 2017)

A 38 year old man with Downs Syndrome has been awarded compensation after he was banned from having sex with his wife. The man won damages of £10,000 for a breach of his human rights, as he was forced to abstain from sexual intercourse with his wife for fifteen months  Read more...

Duncan Lewis:Court of Protection

The Court of Protection has made a best interests ruling on a woman’s medical procedures (12 July 2017)

The Court of Protection recently considered an application by an NHS Foundation Trust seeking an order to permit a hysteroscopy and endometrial biopsy upon a patient who lacks mental capacity  Read more...

Duncan Lewis:Court of Protection

The Court of Protection has made a best interests ruling on a man’s observance of religious practices (11 July 2017)

A hearing in the Court of Protection has ruled that a 39 year old man from a Punjabi Muslim family who lacks capacity does not have to observe two common Muslim practices  Read more...

Duncan Lewis:Court of Protection

One final legal challenge for Charlie Gard’s parents (13 June 2017)

Charlie Gard’s parents have launched one final legal challenge at the European Court of Human Rights following the failure of their Supreme Court challenge  Read more...

Duncan Lewis:Court of Protection

Court of Protection Judge has ruled that a confused man can be sedated in order for doctors to provide life-saving treatment (8 June 2017)

A Court of Protection judge has ruled that doctors can sedate a man in order to give him cancer treatment  Read more...


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