What are anticipatory declarations and when might they apply for those whose capacity fluctuates or for vulnerable adults?

Anticipatory declarations are a relatively new concept in the Court of Protection and the inherent jurisdiction of the High Court; but what are they and when might it be appropriate to use them?

In this session, Katie Gollop KC from Serjeants’ Inn Chambers considered:

• what is an anticipatory declaration?
• in what kind of matters might an anticipatory declaration be suitable?
• what evidence is required and what threshold has to be demonstrated for an anticipatory declaration to be granted?
• what does an anticipatory declaration mean in practice in terms of implementation by frontline professionals?
• considering the case of North Middlesex University Hospital NHS Trust v SR [2021] EWCOP 58
• is there any other key guidance from the case law?

Katie specialises in healthcare law and is well known for her Court of Protection work.