Not fit for purpose: the Mental Capacity Act cannot serve as a safeguard for assisted dying

Summary The Mental Capacity Act 2005 was not designed to, and is not fit to, provide safeguards for assisted dying. The impairment requirement puts interpersonal pressure beyond the scope of the Act. The criteria included in the Act struggle to deal with the effects of affect and motivation on decision-making even for its intended purposes and within its intended scope. The use of the Act in the Terminally Ill Adults (End of Life) Bill presents an opportunity for reform.