10 Mental Capacity and Decision-Making
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Beverley Clough
Abstract
The Mental Capacity Act (MCA) 2005 is central to healthcare law, governing medical decision-making in relation to individuals deemed to lack mental capacity. The chapter uses a disability studies perspective (social model of disability) to highlight the problems with this legal framework of capacity and best interests, tracing the history and foundational ideas underpinning the statute. The UN Convention on the Rights of Persons with Disabilities is introduced as posing a key challenge to the MCA, unsettling these foundational ideas and offering an opportunity to rethink approaches to decision-making through a disability studies lens.
Abstract
The Mental Capacity Act (MCA) 2005 is central to healthcare law, governing medical decision-making in relation to individuals deemed to lack mental capacity. The chapter uses a disability studies perspective (social model of disability) to highlight the problems with this legal framework of capacity and best interests, tracing the history and foundational ideas underpinning the statute. The UN Convention on the Rights of Persons with Disabilities is introduced as posing a key challenge to the MCA, unsettling these foundational ideas and offering an opportunity to rethink approaches to decision-making through a disability studies lens.
Kapitel in diesem Buch
- Front Matter i
- Contents vii
- Series Editors’ Preface xiii
- List of Figures, Tables, and Boxes xiv
- Table of Cases xvi
- Table of Statutes xx
- Notes on Contributors xxii
- Introduction 1
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General Principles of Health Law and Ethics
- Ethical Principles in Health 27
- Defining and Understanding ‘Health’ in Health Law 49
- Health Inequalities, Law, and Society 69
- Health Disparities, Equity, and Pandemic Ethics 91
- Ethics, Health(care), and Climate Change 115
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The Body of Health Law
- Medical Negligence 135
- Medical Manslaughter 157
- Consent to Treatment 177
- Mental Capacity and Decision-Making 195
- Mental Health: Inpatient Care 217
- Confidentiality 235
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Applied Health Law and Ethics
- Assisted Reproduction 261
- Abortion and Contraception 281
- Pregnancy and Birth 301
- Capable Children’s Medical Treatment 323
- Organ Donation: Deceased Donation 343
- Clinical Research Ethics 363
- Death and Dying 385
- Index 403
Kapitel in diesem Buch
- Front Matter i
- Contents vii
- Series Editors’ Preface xiii
- List of Figures, Tables, and Boxes xiv
- Table of Cases xvi
- Table of Statutes xx
- Notes on Contributors xxii
- Introduction 1
-
General Principles of Health Law and Ethics
- Ethical Principles in Health 27
- Defining and Understanding ‘Health’ in Health Law 49
- Health Inequalities, Law, and Society 69
- Health Disparities, Equity, and Pandemic Ethics 91
- Ethics, Health(care), and Climate Change 115
-
The Body of Health Law
- Medical Negligence 135
- Medical Manslaughter 157
- Consent to Treatment 177
- Mental Capacity and Decision-Making 195
- Mental Health: Inpatient Care 217
- Confidentiality 235
-
Applied Health Law and Ethics
- Assisted Reproduction 261
- Abortion and Contraception 281
- Pregnancy and Birth 301
- Capable Children’s Medical Treatment 323
- Organ Donation: Deceased Donation 343
- Clinical Research Ethics 363
- Death and Dying 385
- Index 403
