著者

小林 佳乃子 Kobayashi Kanoko

出版者

新潟大学大学院現代社会文化研究科

雑誌

現代社会文化研究 (ISSN:13458485)

巻号頁・発行日

no.55, pp.149-163, 2012-12

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Mental Capacity Act 2005 (MCA 2005) provides ground rules for an adult who lacks mental capacity and persons who act or decide for them in England and Wales. The act is a revision of the previous system that was regarded as complicated, inflexible, and piecemeal. Major characteristics of the MCA 2005 are that it defines mental capacity more specifically and it includes various people's involvement in supporting the operation of the MCA 2005. Above all, the MCA 2005 adds emphasis on respecting the best interests of the relevant person whom lacks of mental capacity. However, it is obscure to find out what the courts interpret the best interest for the individual to be, particularly that of cases relating to serious medical treatment or sexual acts, since the MCA 2005 was implemented. The paper therefore picks up cases which have dealt with interpretations of the best interest. The court avoided a definitive conclusion about the best interest concerning cases of sexual acts which can be delicate issues. The best interest will defer according to the person's situation/circumstance at times who lacks mental capacity.