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    Rights statement: 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

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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

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@article{538c4d2473164db08ec86178093e86e5,
title = "Anticipating issues with capacitous pregnant women: United Lincolnshire NHS Hospitals Trust V CD [2019] EWCOP 24 And Guys And St Thomas{\textquoteright} NHS Foundation Trust (GSTT) And South London And Maudsley NHS Foundation Trust (Slam) V R [2020] EWCOP 4",
abstract = "In United Lincolnshire NHS Hospitals Trust v CD and Guys and St Thomas{\textquoteright} 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{\textquoteright} 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{\textquoteright}s armoury.",
keywords = "Anticipatory and contingent declarations, autonomy, capacity, consent, Mental Capacity Act 2005, pregnancy",
author = "Sara Fovargue",
note = "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{\textquoteright} 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",
year = "2020",
month = oct,
day = "1",
doi = "10.1093/medlaw/fwaa017",
language = "English",
volume = "28",
pages = "781–793",
journal = "Medical Law Review",
issn = "0967-0742",
publisher = "Oxford University Press",
number = "4",

}

RIS

TY - JOUR

T1 - Anticipating issues with capacitous pregnant women

T2 - 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

AU - Fovargue, Sara

N1 - 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

PY - 2020/10/1

Y1 - 2020/10/1

N2 - 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.

AB - 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.

KW - Anticipatory and contingent declarations

KW - autonomy

KW - capacity

KW - consent

KW - Mental Capacity Act 2005

KW - pregnancy

U2 - 10.1093/medlaw/fwaa017

DO - 10.1093/medlaw/fwaa017

M3 - Journal article

VL - 28

SP - 781

EP - 793

JO - Medical Law Review

JF - Medical Law Review

SN - 0967-0742

IS - 4

ER -