Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Setting the Scene Setting the Scene
-
Approaches Approaches
-
Status Status
-
Outcome Outcome
-
Functional Functional
-
-
Principles Principles
-
i. The presumption of capacity i. The presumption of capacity
-
ii. All practicable steps ii. All practicable steps
-
iii. Being unwise iii. Being unwise
-
iv. Best interests iv. Best interests
-
v. Least restriction and deprivation of liberty v. Least restriction and deprivation of liberty
-
-
Life and Death Issues Life and Death Issues
-
Supporting Decision-Making Supporting Decision-Making
-
Tests of Capacity Tests of Capacity
-
Research and Capacity Research and Capacity
-
Conceptual Clarification Conceptual Clarification
-
Three Types of Capacity Three Types of Capacity
-
Cognitive capacity Cognitive capacity
-
Evaluative capacity Evaluative capacity
-
Volitional capacity Volitional capacity
-
-
The Amalgam of Capacity The Amalgam of Capacity
-
Stretching to the Full View of Capacity Stretching to the Full View of Capacity
-
Case 1: Mrs A—the woman with dementia who refuses home care Case 1: Mrs A—the woman with dementia who refuses home care
-
Case 2: Mr B—the depressed man who wishes to give away his money Case 2: Mr B—the depressed man who wishes to give away his money
-
Case 3: Ms C—the woman with anorexia Case 3: Ms C—the woman with anorexia
-
Case 4: Mr D—the alcohol-dependent man Case 4: Mr D—the alcohol-dependent man
-
-
Summary Summary
-
Conclusion Conclusion
-
References References
-
Legal Cases Legal Cases
-
-
-
-
-
-
-
-
-
-
56 Mental capacity and decision-making
Get access-
Published:October 2013
Cite
Abstract
In this chapter we start by defining terms and approaches to the assessment of mental or decision-making capacity. We outline basic principles – from the Mental Capacity Act 2005 (MCA), which covers England and Wales, as well as from Scottish legislation –where the principles are relevant to other jurisdictions. More conceptual issues, for instance to do with values and best interests, soon emerge, especially in connection with life-sustaining decisions. We discuss advance directives and lasting powers of attorneyand various tests of capacity, along with safeguards in connection with research. We then provide some conceptual analysis of the notions of ‘capacity’ and ‘competence’. We hope to have demonstrated that capacity and decision-making are complex matters because they reflect deeper issues to do with our standing as situated human beings in the world.
Sign in
Get help with accessPersonal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
Institutional access
- Sign in through your institution
- Sign in with a library card Sign in with username/password Recommend to your librarian
Institutional account management
Sign in as administratorPurchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 3 |
December 2022 | 3 |
January 2023 | 2 |
February 2023 | 4 |
March 2023 | 4 |
April 2023 | 1 |
May 2023 | 1 |
June 2023 | 2 |
July 2023 | 2 |
August 2023 | 2 |
September 2023 | 2 |
October 2023 | 2 |
November 2023 | 2 |
December 2023 | 2 |
January 2024 | 1 |
February 2024 | 1 |
March 2024 | 1 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.