title: Lack of Capacity is not an 'off Switch' for Rights and Freedoms: Wye Valley Nhs Trust V Mr B (By His Litigation Friend, the Official Solicitor) [2015] Ewcop 60.
abstract: Wye Valley NHS Trust v Mr B [2015] EWCOP 60 illustrates the extent to which the wishes, feelings, beliefs, and values strongly expressed by a person who lacks decision-making capacity are to be considered in determining his best interests. Whilst not going as far as a supported decision-making model, as endorsed by the UN Convention on the Rights of Persons with Disabilities, the case exemplifies the participative ethos of the Mental Capacity Act 2005 and the requirement that the person lacking capacity should participate as fully as possible in any decision affecting him.
authors.affiliation: GKT School of Medical Education, Faculty of Life Sciences and Medicine, King's College London, London, UK and Law School, Kingston University, London UK.
authors.forename: Carolyn S
authors.initials: CS
authors.lastname: Johnston
mesh_terms: D000368:Aged; D003695:Delivery of Health Care / Q000331:legislation & jurisprudence*; D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D008297:Male; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D010358:Patient Participation / Q000331:legislation & jurisprudence*; D012563:Schizophrenia, Paranoid; D013222:State Medicine; D006113:United Kingdom
keywords: Mental capacity; auditory hallucinations; best interests; life sustaining treatment; mental disorder