Consent and capacity: principles of the Mental Capacity Act 2005.

摘要

In this series we have seen that competent adult patients have the legal right to withhold their consent to treatment offered to them. This rule applies to all areas of treatment and care, even where treatment offered is for a serious or severe condition. It applies equally where in the extreme situation, a refusal is likely to result in the person's death (House of Lords, 1994; Re MB, 1997; Re JT, 1998; Re AK, 2001). However, many people do not meet the strict criteria that enables them to consider themselves 'competent'. Where a person cannot be considered competent, another set of legal principles are effected, by the common law, and now by statute.