More presumptions please? Wishes, feelings and best interests decision-making
Auckland, Cressida Claire
; and Keene, A Ruck
(2015)
More presumptions please? Wishes, feelings and best interests decision-making
Elder Law Journal, 5 (3).
pp. 293-301.
ISSN 2044-9593
Examines by reference to case law the extent to which the Court of Protection's application of the Mental Capacity Act 2005 is compliant with the tenets of the UN Convention on the Rights of Persons with Disabilities, in particular the requirement in art.12(4) for states to ensure measures relating to exercise of legal capacity respect the rights, will and preference of the person.
| Item Type | Article |
|---|---|
| Keywords | best interests, capac, disabled persons, human rights, judicial decision-making, presumptions |
| Departments | Law School |
| Date Deposited | 18 Oct 2019 14:12 |
| URI | https://researchonline.lse.ac.uk/id/eprint/102155 |
ORCID: https://orcid.org/0000-0002-4376-0013