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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

Version 2 2024-06-13, 10:36
Version 1 2017-06-07, 10:35
journal contribution
posted on 2024-06-13, 10:36 authored by Carolyn S Johnston
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.

History

Journal

Medical law review

Volume

25

Pagination

662-671

Location

Oxford, Eng.

ISSN

0967-0742

eISSN

1464-3790

Language

eng

Publication classification

C4 Letter or note

Copyright notice

2017, The Author

Issue

4

Publisher

Oxford University Press

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