With and Without 'Best Interests': the Mental Capacity Act 2005, the Adults With Incapacity (Scotland) Act 2000 and constructing decisions
نویسندگان
چکیده
منابع مشابه
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....
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Best Interests in the Mental Capacity Act: Time to say Goodbye?
Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, as interpreted by the Committee on the Rights of Persons with Disabilities in General Comment No. 1, offers a vision for law's response to capacity impairments which differs in crucial ways from that contained in the Mental Capacity Act 2005. The Committee rejects the functional test for capacity and require...
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ژورنال
عنوان ژورنال: International Journal of Mental Health and Capacity Law
سال: 2016
ISSN: 2056-3922
DOI: 10.19164/ijmhcl.v2016i22.549