Assessing mental capacity: the Mental Capacity Act
نویسندگان
چکیده
منابع مشابه
Mental Capacity Act (Northern Ireland) 2016†
Mental health legislation in Northern Ireland has always been separate from legislation in the rest of the UK; the Mental Health (Northern Ireland) Order (MHO) had been in place since 1986. In common with other jurisdictions, this legislation utilises the presence of mental disorder and risk as criteria for detention and involuntary treatment. The MHO has been replaced by the Mental Capacity Ac...
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The Mental Capacity Act (2005) is an impressive piece of legislation that deserves serious ethical attention, but much of the commentary on the Act has focussed on its legal and practical implications rather than the underlying ethical concepts. This paper examines the approach that the Act takes to best interests. The Act does not provide an account of the underlying concept of best interests....
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What are the basic principles of mental capacity law in England and Wales and how do they apply in practice? What happens when an adult has a mental or physical incapacity and so is unable to manage their own affairs, yet owns property in several different jurisdictions? Or becomes incapacitated in a jurisdiction other than where they usually live? The importance of these areas is well rehearse...
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This is the second of a two-part unit on the Mental Capacity Act 2005. Part 1 explored the concept and definition of mental capacity, advance treatment decisions, independent mental capacity advocates and the act's code of practice. This part discusses possible ethical and legal dilemmas in the interpretation of both the act and its code of practice.
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More than a decade has passed since the Mental Capacity Act (MCA) received royal assent. Described as a ‘visionary piece of legislation’, the MCA was a significant landmark on the legal landscape. It represented a triumph of autonomy by recognising that, as far as possible, people should play an active role in decisions about their welfare. At the core of the MCA is the fundamental principle th...
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ژورنال
عنوان ژورنال: BMJ
سال: 2008
ISSN: 0959-8138,1468-5833
DOI: 10.1136/bmj.39457.485347.80