How long can you keep trying to rebut the presumption of capacity?

By Celia Kitzinger, 3rd December 2021 It’s a fundamental principle of the Mental Capacity Act 2005 that “A person must be assumed to have capacity unless it is established that he lacks capacity” (1(2)) Likewise, “A person is not to be treated as unable to make a decision merely because he makes an unwise decision” (1(4)). TheContinue reading “How long can you keep trying to rebut the presumption of capacity?”