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5: Mind, autonomy and capacity

5: Mind, autonomy and capacity

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About this listen

 In this episode of Medical Law Matters, Rob Tobin is joined by two distinguished guests to explore the issue of mental capacity in the context of medical treatment decisions. Together, they unpack how capacity is assessed in practice and interrogate the deeper ethical questions surrounding autonomy, choice, and decision-making.

Guest Speakers:

Dr Ty Glover – Consultant Psychiatrist in Eating Disorders
With over 20 years of experience in the field of eating disorders, Ty also works as an independent medico-legal expert, regularly giving evidence in the Court of Protection. His insight bridges clinical practice and legal processes, particularly around complex psychiatric presentations where capacity is in doubt.

Professor Richard Holton – Professor of Philosophy, University of Cambridge
Richard specialises in moral philosophy and the philosophy of mind, with a particular focus on the boundaries of personal control and agency. His academic work spans addiction, autonomy, and decision-making, offering a philosophical lens through which to view how we understand – and sometimes might misunderstand – mental capacity.

What you'll learn in this episode:

  • How clinicians evaluate whether someone has the capacity to make medical decisions
  • The legal implications of those assessments in healthcare settings
  • How philosophical ideas of autonomy and control relate to real-world cases
  • Why the concept of mental capacity is more nuanced than it may first appear
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