Anticipating issues with capacitous pregnant women : United Lincolnshire NHS Hospitals Trust V CD [2019] EWCOP 24 And Guys And St Thomas’ NHS Foundation Trust (GSTT) And South London And Maudsley NHS Foundation Trust (Slam) V R [2020] EWCOP 4

Fovargue, Sara (2020) Anticipating issues with capacitous pregnant women : United Lincolnshire NHS Hospitals Trust V CD [2019] EWCOP 24 And Guys And St Thomas’ NHS Foundation Trust (GSTT) And South London And Maudsley NHS Foundation Trust (Slam) V R [2020] EWCOP 4. Medical Law Review, 28 (4). 781–793. ISSN 0967-0742

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Abstract

In United Lincolnshire NHS Hospitals Trust v CD and Guys and St Thomas’ NHS Foundation Trust (GSTT) and South London and Maudsley NHS Foundation Trust (SLAM) v R, the Court of Protection was asked to make anticipatory and contingent declarations relating to the obstetric care and mode of delivery for currently capacitous women who were near to their due date but not yet in labour. In this case note I explore the judges’ reasoning on the legal basis for these declarations. In so doing, I consider the wider implications of employing this seemingly new addition to the Court of Protection’s armoury.

Item Type:
Journal Article
Journal or Publication Title:
Medical Law Review
Additional Information:
This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Medical Law Review following peer review. The definitive publisher-authenticated version Sara Fovargue, Anticipating Issues with Capacitous Pregnant Women: United Lincolnshire NHS Hospitals Trust v CD [2019] EWCOP 24 and Guys and St Thomas’ NHS Foundation Trust (GSTT) and South London and Maudsley NHS Foundation Trust (SLAM) v R [2020] EWCOP 4, Medical Law Review, 28, 4, is available online at: https://academic.oup.com/medlaw/article-abstract/28/4/781/5894048
Uncontrolled Keywords:
/dk/atira/pure/subjectarea/asjc/3300/3308
Subjects:
?? anticipatory and contingent declarationsautonomycapacityconsentmental capacity act 2005pregnancylawmedicine (miscellaneous) ??
ID Code:
144176
Deposited By:
Deposited On:
22 May 2020 08:54
Refereed?:
Yes
Published?:
Published
Last Modified:
11 Jan 2024 00:23