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Independent Story about Mental Capacity Issues

This story in The Independent looks at the issues of the variability of capacity proceedings (both in the court of protection, but more widely).

The nub of the issue is that the interests of the state tend to predominate over people's wishes. Quoting from the article:
Lawyers believe that patients who make controversial decisions are left vulnerable to the court assuming they lack capacity. “We have the impression that where decisions a person makes are contentious, there is often a swift conclusion that the person lacks capacity, and substituted decisions are made for them,” they wrote.

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