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A robust restatement of the presumption of capacity under the Mental Capacity Act 2005: WBC (Local Authority) v Z, X, Y

Chiu, Urania (2017) A robust restatement of the presumption of capacity under the Mental Capacity Act 2005: WBC (Local Authority) v Z, X, Y. LSE Law Review, 2. pp. 93-99. ISSN 2516-4058

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Identification Number: 10.21953/lse.1q96d2d7j1vj

Abstract

In the recent judgment of WBC (Local Authority) v Z, X, Y1 a twenty-year-old woman with Asperger Syndrome and a borderline learning disability was declared to possess legal capacity, both to participate in the litigation and to make decisions regarding her residence, social contacts and care. This judgment is important because it recognises a strong presumption of capacity under the Mental Capacity Act 2005 (MCA 2005) and provides a comprehensive example of the Act’s application to a complex and finely balanced set of facts.

Item Type: Article
Official URL: https://www.lselawreview.com/
Additional Information: © 2017 The Authors
Divisions: LSE
Subjects: K Law > K Law (General)
Sets: Collections > LSE Law Review
Date Deposited: 01 May 2018 15:35
Last Modified: 01 Aug 2020 23:39
URI: http://eprints.lse.ac.uk/id/eprint/87728

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