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

Johnston, Carolyn S 2017, 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, Medical law review, vol. 25, no. 4, pp. 662-671, doi: 10.1093/medlaw/fwx009.

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Title 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
Author(s) Johnston, Carolyn S
Journal name Medical law review
Volume number 25
Issue number 4
Start page 662
End page 671
Total pages 10
Publisher Oxford University Press
Place of publication Oxford, Eng.
Publication date 2017-11-01
ISSN 0967-0742
1464-3790
Keyword(s) mental capacity
mental disorder
auditory hallucinations
best interests
life sustaining treatment
Summary 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.
Language eng
DOI 10.1093/medlaw/fwx009
Field of Research 1801 Law
HERDC Research category C4 Letter or note
Copyright notice ©2017, The Author
Persistent URL http://hdl.handle.net/10536/DRO/DU:30097082

Document type: Journal Article
Collection: School of Medicine
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