Next Article in Journal / Special Issue
Querying the Call to Introduce Mental Capacity Testing to Mental Health Law: Does the Doctrine of Necessity Provide an Alternative?
Previous Article in Journal
House Demolitions
Previous Article in Special Issue
Should Supported Decision-Making Replace Substituted Decision-Making? The Convention on the Rights of Persons with Disabilities and Coercive Treatment under Queensland’s Mental Health Act 2000
Open AccessArticle

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

by David Gibson 1,2
1
School of Law, The University of Manchester, Oxford Road, Manchester M13 9PL, UK
2
Centre for Human Development, St Patrick's College, Dublin City University, Drumcondra, Dublin 9, Ireland 
Academic Editors: Kelly Purser and Shih-Ning Then
Laws 2015, 4(2), 229-244; https://doi.org/10.3390/laws4020229
Received: 22 March 2015 / Revised: 25 May 2015 / Accepted: 2 June 2015 / Published: 5 June 2015
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 preconceptions throughout assessment. Two cases before the Court of Protection are examined to bring into focus the complexity of conducting assessment without reference to wisdom. The paper proposes that every stage in the assessment of capacity is undertaken with reference to preconceptions and that an acknowledgement of these, along with transparency about when they are to be employed, would allow for greater clarity about what the MCA demands of practitioners. View Full-Text
Keywords: capacity assessment; Mental Capacity Act 2005; values-based medicine; Anorexia Nervosa; preconceptions capacity assessment; Mental Capacity Act 2005; values-based medicine; Anorexia Nervosa; preconceptions
MDPI and ACS Style

Gibson, D. Conceptual and Ethical Problems in the Mental Capacity Act 2005: An Interrogation of the Assessment Process. Laws 2015, 4, 229-244.

Show more citation formats Show less citations formats

Article Access Map by Country/Region

1
Only visits after 24 November 2015 are recorded.
Search more from Scilit
 
Search
Back to TopTop