Rethinking the Mental Capacity Act 2005: Towards the Next Generation of Law

Research shows that since the completion of the ground-breaking report on mental capacity by the Law Commission, significant changes have occurred in the understanding of people with mental disabilities. The Mental Capacity Act 2005 was a result of this report. There have been developments in this area on the legal, social, and academic fronts over time, highlighting difficulties that the Law Commission did not foresee. This paper examines key aspects of the Act in light of these evolving expectations and the practical issues faced during implementation.

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