Carole Mather

“The Court heard that the assessment of mental capacity in those with a chronic dependence on alcohol is often complex and challenging. This is particularly so when it involves a question around the individual's ability to put their decision into effect (the concept of executive capacity). The decisions can often involve behaviours which give rise to a risk of the individual's death. It was against this background that the Court heard of the lack of overarching guidance for health and social care”