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Durham University

Durham Law School

Staff profile

Publication details for Dr Samantha Halliday

Halliday, Samantha (2009). Advance decisions and the Mental Capacity Act. British Journal of Nursing 18(11): 697 - 699.
  • Publication type: Journal Article
  • ISSN/ISBN: 0966-0461

Author(s) from Durham


This article critically considers the impact of the Mental Capacity Act upon patient autonomy and the ability to make an advance decision that will bind health care professionals. It considers the significant hurdles erected in the Act, concluding that in many cases advance decisions will simply be an indication of what the patient would want, rather than a binding anticipatory refusal of consent to treatment and that the key to enabling patients to exercise precedent autonomy will be full and frank discussion of the scope and intentions underlying advance decisions between patients and their healthcare professionals.