Best interests applications to the Court of Protection

27th March 2013

The Law Commission, in a number of consultation documents and reports prior to the introduction of the Mental Capacity Act 2005 (‘the 2005 Act’), sought the establishment of a clear legal framework for making decisions with, or on behalf of people who lack capacity and to that end it proposed a single criterion to govern all decision-making – ‘best interests’.

Charlie Newington Bridges

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