Applying decision-making capacity criteria in practice: A content analysis of court judgments.

ABSTRACT:

Background/objectives

Many jurisdictions use a functional model of capacity with similar legal criteria, but there is a lack of agreed understanding as to how to apply these criteria in practice. We aimed to develop a typology of capacity rationales to describe court practice in making capacity determinations and to guide professionals approaching capacity assessments.

Methods

We analysed all published cases from courts in England and Wales [Court of Protection (CoP) judgments, or Court of Appeal cases from the CoP] containing rationales for incapacity or intact capacity(n = 131). Qualitative content analysis was used to develop a typology of capacity rationales or abilities. Relationships between the typology and legal criteria for capacity [Mental Capacity Act (MCA)] and d

SUBMITTER: Kane NB 

PROVIDER: S-EPMC7864395 | biostudies-literature | 2021

REPOSITORIES: biostudies-literature