Capacity, Best Interests and Sex

Best interests, dementia and the Mental Capacity Act (2005).

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....

Beyond Best Interests

I. The Problem with Best Interests: A Framework; a Justificatory Idiom; and a Problem ................................. 1192 A. Framework: The Three Dimensions of State Interventions Aimed at Influencing Reproduction .............................................................. 1192 B. Justificatory Idiom: Best Interests of the Resulting Child Justifications, Their Attraction and Prominence .....

Who Determines Children's Best Interests?

Treatment in patients’ best interests

A note on the current state of the law as regards balancing the autonomy, and personal values, of a mentally incapacitated patient against treatment plans with which they do not agree. The author summarises the outcomes of two medical treatment cases heard by the Court of Protection, with similar facts and different results, by way of adding to the advice to practitioners for their communicatio...

Anorexia, Capacity, and Best Interests: Developments in the Court of Protection Since the Mental Capacity Act 2005

INTRODUCTION Anorexia nervosa has long been the subject of medical and psychiatric debate, yet it is only relatively recently that English law has been called upon to grapple with the complexity of this condition. It was not until the early 1990s that we saw English law’s involvement with anorexia nervosa and questions as to the legitimate powers of the medical profession regarding involuntary ...