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Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law

Bartlett, Peter

Authors

PETER BARTLETT peter.bartlett@nottingham.ac.uk
Nottingham Healthcare Nhs Trust Professor of Mental Health Law



Abstract

It is now more than a quarter of a century since the Law Commission completed its ground-breaking report on mental capacity, a report that became the Mental Capacity Act 2005. Since that time, there have been fundamental changes in the legal, social, and academic understanding of people with mental disabilities, and the pragmatics of legislative implementation have exposed difficulties that the Law Commission did not foresee. This paper considers key elements of the Act in light of those changed expectations and the experience of implementation.

Citation

Bartlett, P. (2022). Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law. Modern Law Review, https://doi.org/10.1111/1468-2230.12774

Journal Article Type Article
Acceptance Date Sep 9, 2022
Online Publication Date Nov 12, 2022
Publication Date Nov 12, 2022
Deposit Date Sep 19, 2022
Publicly Available Date May 13, 2023
Journal Modern Law Review
Print ISSN 0026-7961
Electronic ISSN 1468-2230
Publisher Wiley
Peer Reviewed Peer Reviewed
DOI https://doi.org/10.1111/1468-2230.12774
Public URL https://nottingham-repository.worktribe.com/output/11463743
Publisher URL https://onlinelibrary.wiley.com/doi/full/10.1111/1468-2230.12774

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