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Understanding the Mental Capacity Act 2005: a guide for clinicians
Author(s) -
Nicholas Nick,
Nicholas Sotiris
Publication year - 2010
Publication title -
the obstetrician and gynaecologist
Language(s) - English
Resource type - Journals
eISSN - 1744-4667
pISSN - 1467-2561
DOI - 10.1576/toag.12.1.029.27555
Subject(s) - mental capacity , power of attorney , autonomy , best interests , power (physics) , test (biology) , medicine , welfare , law , psychology , public relations , political science , psychiatry , paleontology , health care , physics , quantum mechanics , biology
• Patients who have legal capacity have an unconditional right to accept or refuse life‐threatening treatment. • The Act allows for advance decisions to be made by someone about future treatment. • The Act recognises a Lasting Power of Attorney, which allows a person to make decisions about another person's welfare when the donor lacks capacity.Learning objectives:• To understand the test for mental capacity. • To be able to determine ‘best interests’. • To be aware of advance decisions and how they are created. • To understand the legal role of the family for patients who lack capacity. • To be aware of Lasting Powers of Attorney and their limitations.Ethical issues:• A patient's autonomy could lead them to make an unwise decision. • There may be disagreements between doctors and someone who has Lasting Power of Attorney. • Advance decisions could lead to the potential illegality of passive euthanasia and refusal of life‐sustaining treatment.Please cite this article as: Nicholas N, Nicholas S. Understanding the Mental Capacity Act 2005: a guide for clinicians. The Obstetrician & Gynaecologist 2010;12:29–34.