The Mental Capacity Act 2005 provides the statutory framework in England and Wales for making decisions about whether a person (‘P’) lacks capacity to make a decision and, if so, what decision should be made on their behalf. By virtue of the nature of decisions made, the governing legal framework and its application on the ground will never (and can) never be value neutral. This chapter explores the core values inherent within the Act’s architecture (for example, non-discrimination, maximising P’s individuality and autonomy, supporting P’s capacitous decision-making, ensuring P’s engagement and involvement in decision making and consultation and collaboration) and examines two fundamental overarching questions: (1) how values have been positively and negatively applied in practice by the Court of Protection and legal practitioners; and (2) what further steps need to be taken to improve ethical practices towards persons at the centre of decision making.
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