Conceptual and Ethical Problems in the Mental Capacity Act 2005: An Interrogation of the Assessment Process

Central to the Mental Capacity Act 2005 (MCA) is the claim that a conferral of incapacity may not be based on the wisdom of a decision alone. This paper problematizes this position. Values-based medicine is drawn on to explore the process of capacity assessment, highlighting the presence of preconce...

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Bibliographic Details
Main Author: David Gibson
Format: Article
Language:English
Published: MDPI AG 2015-06-01
Series:Laws
Subjects:
Online Access:http://www.mdpi.com/2075-471X/4/2/229