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Table 2 Relationship between presumption of capacity and endorsement of the use of the Mental Capacity Act 2005

From: Concepts of mental capacity for patients requesting assisted suicide: a qualitative analysis of expert evidence presented to the Commission on Assisted Dying

 

Presumption of capacity

 

Yes

No

Unclear/both*

Not discussed

Total

Mental Capacity Act

Yes

2

1

4

2

9

No

1

0

0

0

1

Unclear

1

0

2

0

3

Not discussed

1

1

1

17

20

 

Total

5

2

7

19

33

  1. *Within one expert submission there are statements which suggest both presumption and non-presumption of capacity.