Capacity, consent and compulsion
in Medicine, patients and the law (sixth edition)
Abstract only
Log-in for full text

Capacity, Consent and Compulsion examines the Mental Capacity Act 2005 ten years on. This visionary piece of legislation has led to a substantial body of case law. Its rejection of a pure substituted judgement test in favour of a modified best interests test and its adoption of a two part test for (in)capacity have excited much academic debate. In 2007 the Act was amended to introduce new Deprivation of Liberty Safeguards (DoLS). The DoLS have been widely criticised. We consider measures to support those lacking capacity such as advance directives, lasting powers of attorney and court-appointed deputies. Central to the Act is the Court of Protection which adjudicates on disputes in both health care and welfare matters.


All Time Past Year Past 30 Days
Abstract Views 246 87 3
Full Text Views 170 54 0
PDF Downloads 154 71 0