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The Paradox of the Assessment of Capacity Under the Mental Capacity Act 2005

From: Philosophy, Psychiatry, & Psychology
Volume 18, Number 2, June 2011
pp. 111-115 | 10.1353/ppp.2011.0028



The Mental Capacity Act 2005 was fully implemented in England and Wales in 2007. The Deprivation of Liberty Safeguards were introduced into the MCA and fully implemented in England and Wales in April 2009. A range of anomalies and paradoxes in the use of DOLS are described in detail in this paper.

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