When is an 'unwise' choice a capacity issue? And when is poor care the real problem? Alex Rook speaks about cases where individuals' mental capacity is questioned in relation to diet and lifestyle choices.
This free webinar will explore the complex issue of assessing the capacity of clients to make informed decisions about their diet. The discussion will be anchored in real-life cases where concerns have arisen due to significant weight gain in individuals, attributed to unhealthy diets and lack of exercise.
These cases highlight the tension between care providers' reliance on the individual's right to make unwise decisions and families' concerns about the quality of care and the individual's capacity to understand the consequences of their dietary choices.
This webinar will incorporate insights from the provided guidance on obesity and weight management for people with learning disabilities and the legal test for capacity in decision-making.
Speakers
- Alex is a solicitor and partner at Rook Irwin Sweeney LLP. His work has always focused on achieving social justice. He acts for individuals and charities in the full range of judicial review cases, with particular specialisms in health and social care, mental capacity and human rights law. Alex is also well known for the welfare work he undertakes in the Court of Protection, acting for the Official Solicitor as well as for families and advocates. Alex was one of only two private practice solicitors invited to give evidence to the House of Lords Select Committee when it reviewed the Mental Capacity Act in 2014, and is an Accredited Legal Representative under the Law Society’s Mental Capacity (Welfare) Scheme. He is noted in the 2023 version of Chambers and Partners as being “highly esteemed for his health and welfare practice” and “thoughtful, smart, and does an excellent job for clients.”
