Advance Decisions: getting it right? – Thirty Nine Essex Street

Posted December 19th, 2012 in consent, medical treatment, mental health, news by sally

“The provisions relating to the existence, validity and applicability of advance decisions, and especially those relating to life-sustaining treatment, are some of the most important in the Mental Capacity Act 2005 (‘MCA 2005’). The penalties for failing to comply with the procedural requirements can result in the overriding by the Court of what may appear to be clear and strongly-held views expressed by P before the onset of incapacity.”

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Thirty Nine Essex Street, December 2012