Centre for Policy on Ageing
 

 
Mental incapacity and declaratory relief
Author(s)Alison Brammer
Journal titleThe Journal of Adult Protection, vol 6, no 1, April 2004
Pagespp 35-38
SourceWebsite: http://www.pavpub.com
KeywordsMental disorder ; Court of protection ; Law.
AnnotationUntil mental incapacity legislation is introduced, declarations offer a legal option in cases where recourse to the Court of Protection or Enduring Powers of Attorney are not an option. Declaratory relief is usually applicable in medicine, whereby a declaration declares lawful action and (in the medical context) protects medical professionals against subsequent assault or battery claims from the patient in respect of surgery or treatment where it was not possible to obtain consent. This article outlines decisions on significant cases, to illustrate how the use of High Court declarations has developed since the early 1990s. (RH).
Accession NumberCPA-040823213 A
ClassmarkE: JVC: VR

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