Medical Treatment: Decisions and the Law

2. Consent – Adults

Update to Capacity, para 2.5, page 33: 

Katie Gollop QC

22.03.17

New footnote 6:

White v Philips [2017] EWHC 386 (Ch)
The legal test as to testamentary capacity is a common law one and the classic statement of the test, being found in Banks v Goodfellow (1870) LR5 QB 549, is almost 150 years old. Since judicial application of the test occurs in contested, adversarial proceedings, the evidential burden of proof and the manner in which it shifts are significant and were live issues in this case. All of these distinguishing factors combine to make this fascinating decision of HHJ Saffman of academic interest to those concerned with the application of sections 1, 2 and 3 of the MCA 2005 to medical treatment decisions in the Court of Protection.

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