I think you raise an important issue Galaxy. I too have professional and personal experience of issues to do with capacity and I have felt uneasy about Kate Garraway’s documentaries showing her husband at a time when he could not have given consent.
I hope Oldfrill is right and he did give consent before the first documentary was aired but it is not clear how his consent was obtained or who assessed his capacity to do so. I think any responsible television company has a duty to make this clear at the very beginning of the documentary.
It is not enough to say that Kate Garraway knew him well enough to know his wishes, or that she acted in his best interests, or that the documentary has done a lot to raise awareness. The fact is that she did not have lasting power of attorney and therefore had no right to make decisions on Derek’s behalf (she spoke about the difficulties this posed). There is a Mental Capacity Act for a good reason, long overdue, and this sets out legal safeguards which have to be observed.
Burnham to tell schools in England to adapt teaching to local business needs- what do you think?
Arranging a Lasting Power of Attorney online
Young people ‘expected’ to engage with government's new work support plans.


