Advance decisions: getting it right?: T39 Essex Chambers note | Practical Law
In this note, Alexander Ruck Keene of Thirty Nine Essex Street examines, in light of recent cases, the statutory framework for advance decisions introduced with effect from 1 October 2007 by the Mental Capacity Act 2005 (MCA 2005). He also reviews the pre-MCA 2005 common law position and the extent to which this has been modified by the MCA 2005 framework.