Stumbling towards a correct description of the MCA

mike stone 17/06/20 Dignity Champions forum

I have been discussing the Mental Capacity Act with a barrister during the past few weeks.

I am extremely grateful for these discussions, which have allowed me to sharpen my own understanding of the Mental Capacity Act.

The PDF which you can download, presents a description of how I believe the MCA could helpfully be described, not least by judges in court rulings.

As I state in the PDF:

I told the barrister I have been discussing the MCA with, that I was going to write this piece. Before I had written it, he pointed out that I would understand why if what I wrote disagreed with what judges had written, he would necessarily go with what the judges had written. After he reads this piece, I await with interest his view on whether what I have written, is in reality different from ‘what judges have been trying to get across in their rulings’.

I give fair warning – the PDF is ‘quite nerdy’!

Associated files and links:

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mike stone 18/06/20

Please use this PDF instead of the previous version. It contains a correction for a sentence which is wrong in the earlier version, and there is also an extra question in this version.

Associated files and links:

Philip mayne 18/06/20

Thank you for posting this pdf . I found it a very interesting read .