Mental Capacity and Mental Health
The Mental Capacity Act 2005 and the Mental Health Act 2007 (both
effective in England and Wales) and the Mental Health (Care and
Treatment) (Scotland) Act 2003 and the Adults with Incapacity (Scotland)
Act 2000 are now the guiding pieces of legislation in the fields of
mental capacity and mental health. This session provides an appreciation
for the similarities and differences between the statutes, an
understanding the legislative regimes, and their effect on fundamental
elements of medical practice. It will be critically important for anyone
dealing with the treatment of patients lacking the capacity to provide a
valid consent for themselves.
Alongside general issues of mental health law, two particularly
significant areas of relevance to the medical profession that arise from
the legislation will be explored in this module: the manner in which the
law provides for consent to be given (or withheld) for proposed medical
treatment of 'incompetent' patients by third parties (substitute
decision-makers); and the effect that the legal recognition of 'advance
directives' might on the decision making and discretionary 'powers' of
medical practitioners.
Aims & objectives
To explore the ethical and legal approaches to when and why compulsory
measures may be used for people with mental disorders;
Examine ways in which the law attempts to preserve both patient autonomy
and 'best interests' in situations of temporary or permanent incapacity;
and
Consider ways in which the law balances the rights of the individual
suffering from a mental disorder, with the interests of the public.
Learning outcomes
By the end of this module, you will be able to:
Understand and incorporate into practice the current and changing
requirements regulating the medical treatment of mentally incompetent
patients;
Appreciate the legal approaches to determining capacity, how those
relate to clinical definitions and practices, and the extent to which
patients are 'legally' deemed capable of taking medical decisions, even
when under compulsory orders; and
Evaluate and better manage issues and conflicts which arise at the
interface of mental health, human rights and risk.
Examples of the questions explored in this module
Why has it been necessary to create statutory rules on the determination
of a patient's capacity, and the establishment and protection of a
patient's best interests?
While it remains part of a doctor's duty to act in accordance with a
patient's wishes and best interests, do the new statutory requirements
make these assessments any easier?
Take-away Toolkit
"Step-by-step Guide" to the assessment of legal competence or
incompetence, and treatment options available within the new statutory
framework.
