Best Interest decision-making in the Court of Protection

Mon, 27 Feb 2012

By David Lock QC

Decision making in the Court of Protection on behalf of persons who lacks capacity is a familiar role for the court. The High Court has exercised its parens patriae jurisdiction in order to take decisions on behalf of vulnerable individuals for over 700 years. This jurisdiction was originally part of the Royal Prerogative, deriving from power and duty, based upon the Monarch’s conscience, to intervene in order to protect the best interests of his subjects in circumstances where those individuals could not make decisions for themselves. (Download to read more)  

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