Revisiting advance decision making under the Mental Capacity Act 2005: a tale of mixed messages

Abstract

Whilst most of the existing literature relating to advance decisions has focused on philosophical questions, this article reflects on the significant legal developments that have occurred since the introduction of the Mental Capacity Act 2005. The article provides a critique of the controversial issues which have emerged within contemporary case law. The focus of the discussion centres on capacity, the interpretation of the safeguards, and the bias towards preservation of life.

Keywords: advance decisions; autonomy; capacity; preservation of life; safeguards.