The Mental Capacity Act 2005.

摘要

Respect for autonomy can be regarded as establishing a stalwart right or authority to control one's personal destiny, that is to say, the right to control one's goals on the basis of one's desires and plans. However, this is not to say that respect for autonomy is the only source of moral obligations and rights, nor that it is absolute or lexically superior to other principles such as expressions of beneficence, where doctors act to promote the welfare of patients. Many other moral rules including truth telling, promise keeping, confidentiality, and consent, can be derived from respect for autonomy. An expression of respect for autonomy includes treating people in such a way as to enable them to act autonomously. The new Mental Capacity Act 2005 deals with decisions relating to people who temporarily or permanently lack mental capacity and therefore are unable to act autonomously. Its starting point is that all people have the capacity to make healthcare decisions and their decisions, and more importantly their autonomy, must be respected. It emphasises that unwise decisions do not automatically invalidate autonomous judgements. Respect for autonomy is most evident when unwise or indeed capricious decisions are accepted as valid and binding.