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Learning disability and contraceptive decision-making

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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

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Official URL: http://dx.doi.org/10.1136/jfprhc-2011-005100

Abstract

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 > Institute of Clinical Education (ICE) 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
Publisher:	BMJ Group
ISSN:	1471-1893
Date:	2011
Volume:	Vol.37
Number:	No.3
Page Range:	pp. 173-178
Identification Number:	10.1136/jfprhc-2011-005100
Status:	Peer Reviewed
Access rights to Published version:	Restricted or Subscription Access
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URI:	http://wrap.warwick.ac.uk/id/eprint/36886