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Chapter 3 - Best Interests

Published online by Cambridge University Press:  17 June 2019

Rebecca Jacob
Affiliation:
University of Cambridge
Michael Gunn
Affiliation:
Staffordshire University
Anthony Holland
Affiliation:
University of Cambridge
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Summary

At the heart of the Mental Capacity Act (MCA) lies ‘best interests’. As we have seen, one of the key principles of the Act is that, if someone lacks capacity, any decision made on the person’s behalf must be in his or her best interests.

Type
Chapter
Information
Mental Capacity Legislation
Principles and Practice
, pp. 34 - 55
Publisher: Cambridge University Press
Print publication year: 2019

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References

References

Department of Constitutional Affairs (2007) Mental Capacity Act 2005, Code of Practice, London: HMSO.Google Scholar
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Case law

A NHS Trust v. DU [2009] EWHC 3504 (Fam).Google Scholar
Aintree University Hospitals NHS Foundation Trust v. James [2013] UKSC 67.Google Scholar
Burke, R (on the application of) v. General Medical Council & Ors [2005] EWCA Civ 1003.Google Scholar
R (on the Application of Stevens) v. Plymouth City Council & Anor [2002] EWCA Civ 388.Google Scholar
RB v. Brighton and Hove City Council [2014] EWCA Civ 561.Google Scholar
Re AK (Gift Application) [2014] EWHC B11 (COP).Google Scholar
Re GC [2008] EWHC 3402 (Fam).Google Scholar
Re M; ITW v. Z [2009] EWHC 2525 (Fam).Google Scholar
Wye Valley NHS Trust v. Mr B [2015] EWCOP 60.Google Scholar

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