Chico, V. and Hagger, L. (2011) The Mental Capacity Act 2005 and mature minors: a missed opportunity? Journal of Social Welfare and Family Law , 33 (2). pp. 157-168. ISSN 0964-9069
Abstract
English law ostensibly offers significant respect for personal autonomy in medical decision-making. However, in relation to some patients who make unwise decisions, or who have difficulty in understanding and engaging with information when presented in the traditional manner, the courts have interfered with autonomy by making doubtful findings of incapacity. The Mental Capacity Act 2005 (MCA) seeks to prevent interference with autonomy on the basis of such dubious findings of incapacity with respect to those aged over 16. It is argued here that, in the light of increasing evidence of children's abilities and the trajectory of children's interests, the failure to extend this protection to mature minors under the age of 16 is a missed opportunity.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2011 Taylor & Francis |
Keywords: | children; autonomy; medical decision-making; Mental Capacity Act 2005 |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 02 Feb 2016 15:33 |
Last Modified: | 10 Mar 2016 12:12 |
Published Version: | http://dx.doi.org/10.1080/09649069.2011.617073 |
Status: | Published |
Publisher: | Taylor & Francis |
Refereed: | Yes |
Identification Number: | 10.1080/09649069.2011.617073 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:90175 |