Best interests in the MCA 2005--what can healthcare law learn from family law?
The 'best interests' standard is a highly seductive standard in English law. Not only does it appear to be fairly uncontroversial but it also presents as the most sensible, objective and 'fair' method of dealing with decision making on behalf of those who are perceived to be the most vulnerable within society. This article aims to provide a critical appraisal of how the standard has been applied within family law, to outline how the standard is to be applied within healthcare law and, finally, to assess the relevance of the family law experience of the best interests standard to the operation of the standards as envisaged by the MCA.
Choudhry
Shazia
S
Queen Mary College, University of London, Mile End Road, London E14NS, UK. s.choudhry@qmul.ac.uk
D002648:Child; D002669:Child Welfare / Q000331:legislation & jurisprudence*; D016241:Child of Impaired Parents / Q000331:legislation & jurisprudence*; D003657:Decision Making / Q000941:ethics*; D005190:Family; D005260:Female; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D008297:Male; D018447:Medical Futility / Q000331:legislation & jurisprudence*; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D006113:United Kingdom