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Neeraj_Bajaj

Has common law been replaced by Capacity ACT ??

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Could anyone clarify if we can still use the word common law in exams or is it the m c act

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Of course common law still applies. It's different to capacity legislation, I think it is a civil power. Certainly in Scotland we've used common law alongside the AWIA 2000 for about 5 years now.

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The concept of 'common law' has been formalised under the Mental Capacity act which indicates that if someone lacks capacity then one should act in his best interests taking into account any advance directives, etc.

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Parts of common law related to capacity will be replaced by MCA 2005 by October 2007

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The patients best interests always trumps the Capacity Act.

Common Law still exists and if you feel that its in the patients best interests, then whatsover you do will be upheld legally.

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' best interests always trumps capacity act '

not true!

if someone is incapable and an advance directive specifically refuses an intervention, even if doctors feel is in best interests (eg: blood transfusion for a jehovah's witness), then the advance directive holds...

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The above statement holds true unless and untill the patient is detained under the mental health act. The mental health act gives you the power to override advance directives with respect to treatment of the mental disorder. (As told by a barrister in section 12 course).

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