Capacity, Incapacity, and Old Age

For many older people mental incapacity is not an issue, but old age can bring with it capacity issues. This chapter seeks to analyse the legal material defining capacity and treatment of those who lack capacity. In particular, it considers whether the interests of those lacking capacity are inadequately protected, even under the new Mental Capacity Act 2005. It examines the more difficult issues surrounding those who are on the borderline of lacking capacity, and considers the legal status of advance directives.

For many older people mental incapacity is not an issue, but old age can bring with it capacity issues. This chapter seeks to analyse the legal material defining capacity and treatment of those who lack capacity. In particular, it considers whether the interests of those lacking capacity are inadequately protected, even under the new Mental Capacity Act 2005. It examines the more difficult issues surrounding those who are on the borderline of lacking capacity, and considers the legal status of advance directives.