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Is mental capacity in the eye of the beholder?

By: Keene, Alex Ruck.
Series: Advances in Mental Health and Intellectual Disabilities 11 (2) 2017: 30-39. 2017Subject(s): INTELLECTUAL DISABILITY | MENTAL CAPACITY ACT 2005 | CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES | GREAT BRITAINOnline resources: Click to read article online IHC Library Members Summary: Reviews case-law in England and Wales and relevant domestic and international law, in particular the Mental Capacity Act 2005 and the Convention on the Rights of Persons with Disabilities (“CRPD”) with the aim of demonstrating that mental capacity is in the eye of the beholder. This paper (written by a barrister specialising in the Mental Capacity Act 2005) serves as a reflection on the best part of a decade spent grappling with the MCA 2005 in and out of the court room, a decade increasingly informed by and challenged by the requirements of the CRPD.
List(s) this item appears in: Competence and capacity. Oct 2018 | Supported decision making. June 2019
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Reviews case-law in England and Wales and relevant domestic and international law, in particular the Mental Capacity Act 2005 and the Convention on the Rights of Persons with Disabilities (“CRPD”) with the aim of demonstrating that mental capacity is in the eye of the beholder. This paper (written by a barrister specialising in the Mental Capacity Act 2005) serves as a reflection on the best part of a decade spent grappling with the MCA 2005 in and out of the court room, a decade increasingly informed by and challenged by the requirements of the CRPD.

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