What is the protection imperative, and how does it relate to Mental Capacity?
In Mental Capacity case law, we often encounter judgements that warn us against the ‘protection imperative’ or adopting a ‘paternalistic approach’ when it comes to supporting vulnerable people. But what do these phrases really mean?
In this blog, we look at the broad definitions of the protection imperative and the paternalistic approach, providing examples of cases that explain these terms in context, and how they apply to professional practice.
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