Book review: Exploring the Spaces of Mental Capacity Law In Conversation with the Author: The Space of Mental Capacity Law: Moving Beyond Binaries.

Autor: Reed-Berendt, Ruby, Clough, Beverley
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Zdroj: Medical Law International; Jun2023, Vol. 23 Issue 2, p189-199, 11p
Abstrakt: Exploring the Spaces of Mental Capacity Law In Conversation with the Author: The Space of Mental Capacity Law: Moving Beyond Binaries, Clough, Bevely. A lot of people suggest the decision-specific element of the MCA is really positive, but we can also see in cases like I Re A i where it doesn't work like that. In certain ways, the Court of Protection is quite comfortable with expanding how the MCA functions, we've seen it with anticipatory declarations for future losses of capacity in childbirth.[17] They can do creative things and to achieve certain ends, and I still find I Re MN i [18] and I MAG i [19] really unsatisfying and they are at the heart of this disempowerment that occurs through the MCA. [Extracted from the article]
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