Case Law

Capacity, alcohol misuse and unwise decisions: London Borough of Tower Hamlets v PB [2020] EWCOP 34


By Tim Spencer-Lane Introduction Respect for individual autonomy is a central tenet of the Mental Capacity Act 2005 (MCA). The courts have emphasised that there is a space between an unwise decision and one which an individual does not have the mental capacity to take. Unless this space is respected, there is a danger that […]

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