Literature DB >> 28369446

Lack of Capacity is not an 'off Switch' for Rights and Freedoms: Wye Valley Nhs Trust V Mr B (By His Litigation Friend, the Official Solicitor) [2015] Ewcop 60.

Carolyn S Johnston1.   

Abstract

Wye Valley NHS Trust v Mr B [2015] EWCOP 60 illustrates the extent to which the wishes, feelings, beliefs, and values strongly expressed by a person who lacks decision-making capacity are to be considered in determining his best interests. Whilst not going as far as a supported decision-making model, as endorsed by the UN Convention on the Rights of Persons with Disabilities, the case exemplifies the participative ethos of the Mental Capacity Act 2005 and the requirement that the person lacking capacity should participate as fully as possible in any decision affecting him.
© The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Entities:  

Keywords:  Mental capacity; auditory hallucinations; best interests; life sustaining treatment; mental disorder

Mesh:

Year:  2017        PMID: 28369446     DOI: 10.1093/medlaw/fwx009

Source DB:  PubMed          Journal:  Med Law Rev        ISSN: 0967-0742            Impact factor:   1.267


  1 in total

1.  Dying too soon or living too long? Withdrawing treatment from patients with prolonged disorders of consciousness after Re Y.

Authors:  Richard Huxtable
Journal:  BMC Med Ethics       Date:  2019-12-30       Impact factor: 2.652

  1 in total

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