A paternalistic approach to capacity: who ‘controls’ when someone may take their own life? – Article by Caroline Shields, Naomi Mcloughlin and Emily Reed

The article primarily considers reported cases in the Court of Protection relating to anorexia sufferers, in the context of the diagnostic aspect of capacity assessments. It considers how a diagnosis, or lack thereof, relates to the functional test for capacity, and the nature of treatment a person might receive.

This article was published in the June edition of the family law journal, click here to read the full article.


For more information or to instruct a member of our Court of Protection team please contact our Court of Protection clerks:


Contact our Court of Protection Clerks:

Paul Foster (Senior Court of Protection Clerk) on 0113 213 5209

Claudine Cooper on 0113 202 8604