Continue reading "Mental Capacity: Ten years the wiser?"
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Mental Capacity: Ten years the wiser?
Deborah Smithies and Olivia Checa-Dover discuss the Mental Capacity Act 2005 and concerns as to how it is working in practice ‘If people are presumed to have capacity unless the contrary is demonstrated, when should carers (or other potential decision-makers) be embarking upon an assessment exercise?’ As the Mental Capacity Act 2005 (MCA 2005) approaches …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- D Borough Council v AB [2011] EWHC 101 (COP)
- Gillick v West Norfolk and Wisbech Area Health Authority [1985] UKHL 7
- PC & anor v City of York Council [2013] EWCA Civ 478
- Re T (adult: refusal of treatment) [1992] EWCA Civ 18