Research article summary (published 30 Dec 2007):

The Mental Capacity Act 2005 and decision-making: advance decisions.

Full Abstract

One of the crucial features of the Mental Capacity Act (MCA) 2005 was recognizing in a statute the ability of a person to refuse treatment at a subsequent time when he or she lacked the mental capacity to decide on treatment. This refusal, known as an advance decision or living will or advance refusal had been recognized at common law, i.e. judge-made law. This article, continuing the series on the MCA explains the statutory provisions, the specific requirements which must be satisfied if life-sustaining treatment is refused in advance and looks at a practical situation to illustrate the statutory provisions. The link between advance decisions are lasting powers of attorney is also discussed.

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Author information

Author/s: Dimond, Bridgit (B);

Affiliation: University of Glamorgan,Wales.

Journal and publication information

Publication Type: Journal Article; Legal Cases

Journal: British journal of nursing (Mark Allen Publishing) (Br J Nurs), published in England. (Language: eng)

Reference: -2008 Jan 10-23; vol 17 (issue 1) : pp 44-6

Dates: Created 2008/04/10; Completed 2008/05/02;

PMID: 18399396, status: MEDLINE (last retrieval date: 11/6/2008)

Sourced from the National Library of Medicine. Abstract text and other information may be subject to copyright.

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MeSH headings (categories)

This article was linked to the MESH Headings shown below.

Advance Directives - legislation & jurisprudence Decision Making Great Britain Humans

Humans Informed Consent - legislation & jurisprudence Mental Competency - legislation & jurisprudence Treatment Refusal - legislation & jurisprudence

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