scholarly journals 37 * CONSENT TO TREATMENT MENTAL CAPACITY ACT 2005- MENTAL CAPACITY ACT 2 DOCUMENTATION AUDIT

2015 ◽  
Vol 44 (suppl 1) ◽  
pp. i8-i9
Author(s):  
V. Ralph ◽  
R. Page ◽  
F. Baird ◽  
M. Avari ◽  
M. Brenner
Keyword(s):  
Mental Capacity ◽  
Mental Capacity Act 2005 ◽  
Consent To Treatment ◽  
Mental Capacity Act

4. Consent to Treatment

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Mental Capacity ◽  
Best Interests ◽  
Living Wills ◽  
Ethical Aspects ◽  
Capacity To Consent ◽  
Delicate Balance ◽  
Mental Capacity Act 2005 ◽  
Consent To Treatment ◽  
Advance Decisions ◽  
Mental Capacity Act

This chapter examines the legal and ethical aspects of treating a patient without consent. It considers the meaning of ‘consent’ and the position of patients who lack the capacity to consent. For children who lack capacity, consent involves a delicate balance between the rights of the children and those of their parents. For adults lacking capacity, the Mental Capacity Act 2005 has emphasized the ‘best interests’ test, but has largely left open the question of how a person’s best interests are to be ascertained. The chapter also considers what weight should be attached to advance decisions (sometimes called living wills).

scholarly journals The Mental Capacity Act 2005: review of mental capacity assessment in people with proximal femoral fracture

2010 ◽  
Vol 34 (7) ◽  
pp. 284-286 ◽  
Author(s):  
P. Guyver ◽  
P. Hindle ◽  
J. Harrison ◽  
N. Jain ◽  
M. Brinsden
Keyword(s):  
Staff Training ◽  
Femoral Fractures ◽  
Proximal Femoral Fracture ◽  
Mental Capacity ◽  
Clinical Implications ◽  
Proximal Femoral Fractures ◽  
Mental Capacity Act 2005 ◽  
Consent To Treatment ◽  
Mental Capacity Act ◽  
The Impact

Aims and methodTo ascertain whether patients with proximal femoral fractures were being correctly assessed in line with the Mental Capacity Act 2005. Fifty people admitted with proximal femoral fractures were audited to assess whether they had given consent to treatment in accordance with the Act. A Mental Capacity Act 2005 guidance and assessment form was then introduced accompanied by staff training. A re-audit was undertaken to assess the impact.ResultsThe initial audit showed that only one person (2%) had been properly assessed. The re-audit demonstrated that the use of the Mental Capacity Act 2005 assessment form ensured correct assessment.Clinical implicationsOur findings suggest the form is a useful tool in the documentation and assessment of an individual's capacity under the Mental Capacity Act.

Implementing legislative changes on young people's consent to treatment: a guide for trainers

2011 ◽  
Vol 17 (6) ◽  
pp. 454-460
Author(s):  
Sarah Huline-Dickens
Keyword(s):  
Mental Health ◽  
Young People ◽  
Mental Capacity ◽  
England And Wales ◽  
Mental Capacity Act 2005 ◽  
Consent To Treatment ◽  
Legislative Changes ◽  
Mental Capacity Act ◽  
Structured Approach

SummaryThis article reviews the recent changes in the law in England and Wales relating to consent to treatment for young people, in particular the Mental Capacity Act 2005 and the 2007 amendments to the Mental Health Act 1983. Using a fictitious case study, it offers a structured approach to the application of these new items of legislation that could be useful to trainers and their trainees.

4. Consent to Treatment

2020 ◽  
pp. 151-232
Author(s):  
Jonathan Herring
Keyword(s):  
Mental Capacity ◽  
Best Interests ◽  
Living Wills ◽  
Ethical Aspects ◽  
Capacity To Consent ◽  
Delicate Balance ◽  
Mental Capacity Act 2005 ◽  
Consent To Treatment ◽  
Advance Decisions ◽  
Mental Capacity Act

This chapter examines the legal and ethical aspects of treating a patient without consent. It considers the meaning of ‘consent’ and the position of patients who lack the capacity to consent. For children who lack capacity, consent involves a delicate balance between the rights of the children and those of their parents. For adults lacking capacity, the Mental Capacity Act 2005 has emphasized the ‘best interests’ test, but has largely left open the question of how a person’s best interests are to be ascertained. The chapter also considers what weight should be attached to advance decisions (sometimes called living wills).

scholarly journals The Deprivation of Liberty Safeguards – essential protection or bureaucratic monster?

2014 ◽  
pp. 117
Author(s):  
Roger Hargreaves
Keyword(s):  
Mental Health ◽  
Common Law ◽  
Mental Capacity ◽  
Final Decision ◽  
Total Absence ◽  
European Court ◽  
Mental Capacity Act 2005 ◽  
Consent To Treatment ◽  
The Common ◽  
Mental Capacity Act

The Deprivation of Liberty Safeguards ( DoLS), which came into force on the first of April 2009 as an amendment to the <em>Mental Capacity Act 2005</em>, are still commonly referred to as the “Bournewood safeguards,” but in fact the concern about the underlying issue long predates the final decision of the European Court of Human Rights on the <em>Bournewood</em> case. It goes back at least to 1983, when the new Mental Health Act brought in much greater protection for patients who were formally detained in hospital, and in particular for those who lacked the capacity to consent to treatment and who acquired additional safeguards under Part IV of that Act. However, this in turn highlighted the total absence of protection for those patients without capacity who were “<em>de facto</em> detained” under the common law.

scholarly journals Mental capacity assessment and ‘best interests’ decision-making in clinical practice: a case illustration

2010 ◽  
Vol 16 (6) ◽  
pp. 440-447 ◽  
Author(s):  
Asit B. Biswas ◽  
Avinash Hiremath
Keyword(s):  
Clinical Practice ◽  
Good Practice ◽  
Mental Capacity ◽  
Best Interests ◽  
Case Illustration ◽  
Mental Capacity Act 2005 ◽  
Consent To Treatment ◽  
Legal Frameworks ◽  
Mental Capacity Act ◽  
Do So

SummaryMental capacity refers to a person's ability to make decisions, which may include consenting to medical treatment. People are presumed to have this capacity. Individuals may lack capacity because of an impairment or disturbance that affects the way their mind or brain works. Legal frameworks are in place for acting and making decisions on behalf of individuals who lack the mental capacity to do so for themselves, in their best interests. A case illustration is used to outline the principles involved under the Mental Capacity Act 2005 for England and Wales. We describe in detail the assessment of capacity to consent to treatment in this case and good practice in making best interests decisions in everyday clinical practice.

Legal Regulation of Treatment for Depression

2017 ◽  
Author(s):  
Hugh Series
Keyword(s):  
Legal Regulation ◽  
Mental Capacity ◽  
Medicinal Products ◽  
Over The Counter ◽  
Controlled Drugs ◽  
Treatment Of Depression ◽  
Mental Capacity Act 2005 ◽  
Incapacitated Patients ◽  
Mental Capacity Act ◽  
Over The Counter Medicines

This chapter reviews the legal regulation of treatment of depression as it exists in England and Wales, where medicinal products are regulated largely by the Medicines Act 1988 and the Misuse of Drugs Act 1971. The Medicines Act divides medicinal products into pharmacy only medicines, which can only be purchased under the supervision of a pharmacist, over-the-counter medicines, and prescription only medicines. The Misuse of Drugs Act is concerned with controlled drugs. These are divided into three classes according to their perceived degree of harmfulness. This chapter considers treatment with valid consent and two pieces of legislation that govern people who are sufficiently ill and need to be admitted to hospital: the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA). It also discusses treatment of mentally incapacitated patients and the issue of liberty regarding the admission of a compliant but incapacitated patient to hospital. Finally, it looks at three types of non-medical prescribing in England, issued by independent prescribers, supplementary prescribers, and community practitioners.

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