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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. doi:10.1136/jfprhc-2011-005100 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 | ||||
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Subjects: | H Social Sciences > HQ The family. Marriage. Woman R Medicine > R Medicine (General) |
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Divisions: | Faculty of Science, Engineering and Medicine > 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 | ||||
Official Date: | 2011 | ||||
Dates: |
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Volume: | Vol.37 | ||||
Number: | No.3 | ||||
Page Range: | pp. 173-178 | ||||
DOI: | 10.1136/jfprhc-2011-005100 | ||||
Status: | Peer Reviewed | ||||
Access rights to Published version: | Restricted or Subscription Access | ||||
Date of first compliant deposit: | 17 December 2015 | ||||
Date of first compliant Open Access: | 17 December 2015 |
Data sourced from Thomson Reuters' Web of Knowledge
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