
Published online:
20 January 2022
Published in print:
03 May 2021
Online ISBN:
9781529204711
Print ISBN:
9781529204667
Contents
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Introduction Introduction
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The principle of autonomy The principle of autonomy
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The law and autonomy The law and autonomy
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Mental capacity and autonomy Mental capacity and autonomy
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Challenges to autonomy Challenges to autonomy
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Autonomy and bad decisions Autonomy and bad decisions
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Which decision? Which decision?
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Other values: relational autonomy Other values: relational autonomy
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Is anyone autonomous? Is anyone autonomous?
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Capacity assessment Capacity assessment
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The legal test The legal test
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Concerns with the courts’ approach to capacity: setting the bar low Concerns with the courts’ approach to capacity: setting the bar low
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Concerns with capacity and the ability to use information to make a decision Concerns with capacity and the ability to use information to make a decision
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Advance directives Advance directives
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The law The law
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Margo’s case Margo’s case
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The argument in favour of advance directives The argument in favour of advance directives
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Arguments against advance directives Arguments against advance directives
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Different person Different person
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Can you predict? Can you predict?
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Primary obligation compassion Primary obligation compassion
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Current wishes Current wishes
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Compromise views Compromise views
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Conclusions Conclusions
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Cite
Herring, Jonathan, 'Mental Capacity', Law Through the Life Course (Bristol , 2021; online edn, Policy Press Scholarship Online, 20 Jan. 2022), https://doi.org/10.1332/policypress/9781529204667.003.0009, accessed 5 May 2025.
Abstract
This chapter considers the issue of mental capacity. It examines how the law assesses whether a person has capacity. It also explains the weight the law attaches to the decisions of those with capacity. It explores the debates around advance directives and how these deal with the interests of people at different stages of their life course.
Keywords:
Mental Capacity, Autonomy, Best interests, Advanced directives, Authenticity, Relational autonomy
Subject
Legal System and Practice
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