David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Medical Ethics 35 (12):733-738 (2009)
The Mental Capacity Act (2005) is an impressive piece of legislation that deserves serious ethical attention, but much of the commentary on the Act has focussed on its legal and practical implications rather than the underlying ethical concepts. This paper examines the approach that the Act takes to best interests. The Act does not provide an account of the underlying concept of best interests. Instead it lists factors that must be considered in determining best interests, and the Code of Practice to the Act states that this list is incomplete. This paper argues that this general approach is correct, contrary to some accounts of best interests. The checklist includes items that are unhelpful. Furthermore, neither the Act nor its Code of Practice provides sufficient guidance to carers faced with difficult decisions concerning best interests. This paper suggests ways in which the checklist can be developed and discusses cases that could be used in an updated Code of Practice
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Ruth Judith Horn (2012). Advance Directives in English and French Law: Different Concepts, Different Values, Different Societies. [REVIEW] Health Care Analysis (1):1-14.
Similar books and articles
Ajit Shah (2011). Mental Competence or Best Interests? Philosophy, Psychiatry, and Psychology 18 (2):151-152.
Peter Lucas (2011). Decision-Making Capacity and the Deprivation of Liberty Safeguards. Philosophy, Psychiatry, and Psychology 18 (2):117-122.
Ajit Shah (2011). The Paradox of the Assessment of Capacity Under the Mental Capacity Act 2005. Philosophy, Psychiatry, and Psychology 18 (2):111-115.
Natalie F. Banner (2011). The 'Bournewood Gap' and the Deprivation of Liberty Safeguards in the Mental Capacity Act 2005. Philosophy, Psychiatry, and Psychology 18 (2):123-126.
S. Fovargue & J. Miola (2011). Assessing and Detaining Those Who Are Mentally Disordered Under the Mental Health Act 1983 and Mental Capacity Act 2005: Part 1. [REVIEW] Clinical Ethics 6 (1):11-14.
Tim Thornton (2011). Capacity, Mental Mechanisms, and Unwise Decisions. Philosophy, Psychiatry, and Psychology 18 (2):127-132.
Kevin McGovern (2010). Caring for People with Dementia. Chisholm Health Ethics Bulletin 15 (3):6.
Jules Holroyd (forthcoming). Clarifying Capacity: Reasons and Value. In Lubomira Radoilska (ed.), Autonomy and Mental Health. Oxford University Press
Julian Sheather (2006). The Mental Capacity Act 2005. Clinical Ethics 1 (1):33-36.
Carolyn Johnston (2007). The Mental Capacity Act 2005 and Advance Decisions. Clinical Ethics 2 (2):80-84.
Martin Sexton (2012). Assessing Capacity to Make Decisions About Long-Term Care Needs: Ethical Perspectives and Practical Challenges in Hospital Social Work. Ethics and Social Welfare 6 (4):411-417.
Jonathan Parker, Bridget Penhale & David Stanley (2011). Research Ethics Review: Social Care and Social Science Research and the Mental Capacity Act 2005. Ethics and Social Welfare 5 (4):380-400.
C. Johnston & J. Liddle (2007). The Mental Capacity Act 2005: A New Framework for Healthcare Decision Making. Journal of Medical Ethics 33 (2):94-97.
Ajit Shah (2011). The Pragmatic Aspects of Assessing Mental Capacity. Philosophy, Psychiatry, and Psychology 18 (2):133-134.
Peter Herissone-Kelly (2010). Capacity and Consent in England and Wales: The Mental Capacity Act Under Scrutiny. Cambridge Quarterly of Healthcare Ethics 19 (03):344-352.
Added to index2010-09-13
Total downloads15 ( #171,637 of 1,724,951 )
Recent downloads (6 months)1 ( #349,164 of 1,724,951 )
How can I increase my downloads?