Learning disability and contraceptive decision-making
Rowlands, Sam. (2011) Learning disability and contraceptive decision-making. Journal of Family Planning and Reproductive Health Care, Vol.37 (No.3). pp. 173-178. ISSN 1471-1893
WRAP_Rowlands_Learning_disability_JFPRHC_legal_series_2011_Uni_repos_version.pdf - Published Version - Requires a PDF viewer such as GSview, Xpdf or Adobe Acrobat Reader
Official URL: http://dx.doi.org/10.1136/jfprhc-2011-005100
Key message points
- The Mental Capacity Act 2005 has formalised existing case law and added new requirements in respect of decision-making by people aged 16 and over.
- A person must be presumed to be competent unless it is demonstrated otherwise. Competence relates to a specific decision and not to all decisions.
- The Court of Protection deals with serious decisions affecting personal welfare matters, including health.
- The Court of Protection may appoint a Deputy to act on behalf of the person who lacks capacity.
- If sterilisation or abortion are being considered as possible options for a person who is considered to lack capacity, and the person has no-one else to support or represent them, an Independent Mental Capacity Advocate must be appointed.
- When assessing a person’s capacity to make decisions about contraception, the court will not take into consideration the individual’s understanding of what caring for a child involves.
|Item Type:||Journal Article|
|Subjects:||H Social Sciences > HQ The family. Marriage. Woman
R Medicine > R Medicine (General)
|Divisions:||Faculty of Medicine > Warwick Medical School|
|Library of Congress Subject Headings (LCSH):||Great Britain. Mental Capacity Act 2005, Learning disabled women -- Great Britain, Reproductive rights -- Great Britain, Involuntary treatment -- Great Britain, Contraception|
|Journal or Publication Title:||Journal of Family Planning and Reproductive Health Care|
|Page Range:||pp. 173-178|
|Access rights to Published version:||Restricted or Subscription Access|
(1) Valuing people: a new strategy for learning disability for the 21st century. London: Department of Health; 2001.
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