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2020 ; 70
(ä): 101560
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Capacity in the time of Coronavirus
#MMPMID32482298
Ruck Keene A
Int J Law Psychiatry
2020[May]; 70
(ä): 101560
PMID32482298
show ga
In the course of a few short weeks, many of the established legal frameworks
relating to decision-making in England & Wales in respect of those with impaired
decision-making capacity have been ripped up, or apparently rendered all but
unusable. Although the Mental Capacity Act 2005 itself has not been amended, the
impact of other legislation (especially the Coronavirus Act 2020) means that
duties towards those with impaired decision-making capacity have been radically
changed. This article reflects the experience of a practising barrister in
England & Wales grappling with the impact of COVID-19 upon the Mental Capacity
Act 2005 across a range of fields in the weeks after the world appeared to change
in mid-March 2020.