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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Format: | Article |
Language: | English |
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MDPI AG
2015-06-01
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Series: | Laws |
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Online Access: | http://www.mdpi.com/2075-471X/4/2/229 |