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The Mental Capacity Act 2005: Decision Making By Health and Social Health Professionals

On the 24th February 2010, Joseph O’Brien delivered a key note address at a national conference in London which examined the ‘Mental Capacity Act 2005: Five Years on’. The event organised by CLT, was attended by local authority, PCT and hospital trust solicitors and other related professionals. Mr O’Brien addressed the vexed question of whether the 2005 Act provided a coherent framework for making decisions with an emphasis on issues including when to make a decision without involving the Court of Protection, when to apply to the Court of Protection, resource implications and deprivation of liberty orders by the Court and under schedule A1.

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