• Niteesh Kumar Upadhyay

The claim that the conferment of incapacity may not be based on the wisdom of a decision alone is central to the Mental Capacity Act 2005(MCA). That is what this paper problematizes. Value-based medicine examines the capacity assessment process and highlights the presence of preconceptions throughout the evaluation. In two cases before the Court of Protection, the complexity of the assessment without reference to wisdom is examined in order to focus. The paper proposes that every stage of the capacity assessment is carried out with reference to preconceptions and that recognition of these, along with transparency in the use of them, would enable greater clarity about what MCA requirements practitioners are.

Review, Mental Ability, Ethics

"A review Paper on Ethical Problems and Mental Ability Laws", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.5, Issue 12, page no.1243-1246, December-2018, Available :http://www.jetir.org/papers/JETIR1812D79.pdf

"A review Paper on Ethical Problems and Mental Ability Laws", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.5, Issue 12, page no. pp1243-1246, December-2018, Available at : http://www.jetir.org/papers/JETIR1812D79.pdf