Incapacity, rights and ethics: enshrining effective legal measures to support people through capacity transitions
The ageing population across the UK requires us to identify ways of supporting individuals through these transitions. The increasing prevalence of conditions that involve a gradual loss of capacity, including dementia, pose challenges for the exercise of legal rights, and the mechanisms by which ethical duties are upheld.
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Summary
Individual autonomy is a key principle within healthcare law, and the possibility of losing autonomous control over oneself is a significant concern. This research explores legal and ethical issues that arise during the transition from capacity to incapacity, within the framework of advance care planning and the legal instruments capable of being used to allow individuals to exercise autonomous control over treatment decisions in advance of a loss of capacity.
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