Pritchard-Jones, LG (2016) "This Man with Dementia" - 'Othering' the Person with Dementia in the Court of Protection. Medical Law Review, 24 (4). pp. 518-543. ISSN 1464-3790

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Abstract

In recent years, dementia has been subjected to an increasing ethical, legal, and political gaze. This article analyses how the Court of Protection considers the perspective of the person with dementia when making best interests decisions on their behalf under the Mental Capacity Act 2005. The article draws upon feminist and disability literature to highlight how the Court has, on occasions, ‘othered’ the person with dementia during the process of making best interests decisions. This is despite law and policy increasingly emphasising that the views of the person who lacks capacity should be central to any best interests decision, as well as emphasising the importance of de-stigmatisation of cognitive impairments, such as dementia. Finally, using examples from recent cases, it is argued that by adopting an intersubjective approach, and by recognising and exploring the complexity of the relationships that the person with dementia has, the Court can go some way to avoiding the process of ‘othering’.

Item Type: Article
Additional Information: This is the accepted author manuscript (AAM). The final published version (version of record) is available online via Oxford University Press at http://doi.org/10.1093/medlaw/fww022 - please refer to any applicable terms of use of the publisher.
Uncontrolled Keywords: dementia, law, court of protection
Subjects: K Law > KD England and Wales
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 05 May 2016 11:21
Last Modified: 20 Apr 2018 15:12
URI: http://eprints.keele.ac.uk/id/eprint/1701

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