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Older People in Law and Society$
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Jonathan Herring

Print publication date: 2009

Print ISBN-13: 9780199229024

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199229024.001.0001

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Capacity, Incapacity, and Old Age

Capacity, Incapacity, and Old Age

Chapter:
(p.52) 3 Capacity, Incapacity, and Old Age
Source:
Older People in Law and Society
Author(s):

Jonathan Herring (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199229024.003.0003

For many older people mental incapacity is not an issue, but old age can bring with it capacity issues. This chapter seeks to analyse the legal material defining capacity and treatment of those who lack capacity. In particular, it considers whether the interests of those lacking capacity are inadequately protected, even under the new Mental Capacity Act 2005. It examines the more difficult issues surrounding those who are on the borderline of lacking capacity, and considers the legal status of advance directives.

Keywords:   Mental Capacity Act, incapacity, advance directives, carers, autonomy, paternalism, mental health

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