Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles
Authors

Losing it? Losing what? The law and dementia [2009] CFLQ 3

Sep 29, 2018, 17:58 PM
Slug : losing-it-losing-what-the-law-and-dementia-2009-cflq-3
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 26, 2011, 09:00 AM
Article ID : 96147

This article considers the legal treatment of those suffering from dementia. In particular it considers those who are on the borderlines of mental capacity. It rejects the current law which regards the principle of autonomy as always protecting the rights of those with marginal capacity to make decisions for themselves, and the exclusive weight attached to the best interests approach in the case of those found lacking capacity. Rather it argues for a more nuanced approach under which the views of those lacking capacity are given weight and respect, while the wishes of those of marginal capacity can be overridden in some circumstances.

Categories :
  • Articles
  • CFLQ
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from