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Taking Wishes and Feelings Seriously: The Views of People Lacking Capacity in Court of Protection Decision-Making
The Mental Capacity Act requires that where a person (P) lacks capacity to make a decision her wishes and feelings be taken into account when deciding what is in her best interests. This article considers how the Court of Protection evaluates evidence from P concerning her wishes and feelings. It fi...
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Formato: | Online Artículo Texto |
Lenguaje: | English |
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Taylor & Francis
2014
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Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3996533/ https://www.ncbi.nlm.nih.gov/pubmed/24771987 http://dx.doi.org/10.1080/09649069.2014.886878 |
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author | Munro, Nell |
author_facet | Munro, Nell |
author_sort | Munro, Nell |
collection | PubMed |
description | The Mental Capacity Act requires that where a person (P) lacks capacity to make a decision her wishes and feelings be taken into account when deciding what is in her best interests. This article considers how the Court of Protection evaluates evidence from P concerning her wishes and feelings. It finds that the Court ignores evidence regarding current wishes and fails to engage with more ambiguous evidence where P desires conflicting outcomes or may be concealing her true feelings. This is unhelpful since it makes the resulting judgment unconvincing to observers. It is legally problematic, since the Court should be following the practices of other decision-makers under the Mental Capacity Act (MCA). And it is ethically problematic since it undermines P's dignity and does not treat P as an actor whose evidence regarding her wishes and feelings has intrinsic status which the Court must make active efforts to engage with or discount rather than ignore. |
format | Online Article Text |
id | pubmed-3996533 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2014 |
publisher | Taylor & Francis |
record_format | MEDLINE/PubMed |
spelling | pubmed-39965332014-04-25 Taking Wishes and Feelings Seriously: The Views of People Lacking Capacity in Court of Protection Decision-Making Munro, Nell J Soc Welf Fam Law Research Article The Mental Capacity Act requires that where a person (P) lacks capacity to make a decision her wishes and feelings be taken into account when deciding what is in her best interests. This article considers how the Court of Protection evaluates evidence from P concerning her wishes and feelings. It finds that the Court ignores evidence regarding current wishes and fails to engage with more ambiguous evidence where P desires conflicting outcomes or may be concealing her true feelings. This is unhelpful since it makes the resulting judgment unconvincing to observers. It is legally problematic, since the Court should be following the practices of other decision-makers under the Mental Capacity Act (MCA). And it is ethically problematic since it undermines P's dignity and does not treat P as an actor whose evidence regarding her wishes and feelings has intrinsic status which the Court must make active efforts to engage with or discount rather than ignore. Taylor & Francis 2014-03-05 2014-03 /pmc/articles/PMC3996533/ /pubmed/24771987 http://dx.doi.org/10.1080/09649069.2014.886878 Text en © 2014 The Author(s). Published by Taylor & Francis. http://www.informaworld.com/mpp/uploads/iopenaccess_tcs.pdf This is an open access article distributed under the Supplemental Terms and Conditions for iOpenAccess articles published in Taylor & Francis journals (http://www.informaworld.com/mpp/uploads/iopenaccess_tcs.pdf) , which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/3.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. The moral rights of the named author(s) have been asserted. |
spellingShingle | Research Article Munro, Nell Taking Wishes and Feelings Seriously: The Views of People Lacking Capacity in Court of Protection Decision-Making |
title | Taking Wishes and Feelings Seriously: The Views of People Lacking Capacity in Court of Protection Decision-Making |
title_full | Taking Wishes and Feelings Seriously: The Views of People Lacking Capacity in Court of Protection Decision-Making |
title_fullStr | Taking Wishes and Feelings Seriously: The Views of People Lacking Capacity in Court of Protection Decision-Making |
title_full_unstemmed | Taking Wishes and Feelings Seriously: The Views of People Lacking Capacity in Court of Protection Decision-Making |
title_short | Taking Wishes and Feelings Seriously: The Views of People Lacking Capacity in Court of Protection Decision-Making |
title_sort | taking wishes and feelings seriously: the views of people lacking capacity in court of protection decision-making |
topic | Research Article |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3996533/ https://www.ncbi.nlm.nih.gov/pubmed/24771987 http://dx.doi.org/10.1080/09649069.2014.886878 |
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