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.

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).

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.

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

scholarly journals Mental capacity: Different models and their controversies

2017 ◽  
Vol 23 (6) ◽  
pp. 366-374 ◽  
Author(s):  
Brian Joseph Murray
Keyword(s):  
Relevant Information ◽  
Mental Capacity ◽  
List Type ◽  
Persons With Disabilities ◽  
Alternative Models ◽  
Mental Capacity Act 2005 ◽  
United Nations Convention ◽  
Mental Capacity Act ◽  
The Uk ◽  
The Impact

SummaryModern legislation in the UK addressing the issue of decision-making ability uses tests of mental capacity based on the individual's ability to understand relevant information given to them. Alternative models of mental capacity do exist, but are largely considered defunct. This article reviews these alternative models and considers their importance. Far from being irrelevant to modern views on mental capacity, these models have already been incorporated into legislation such as the Mental Capacity Act 2005. A better understanding of these models can improve clinicians’ understanding of mental capacity in general. Modern controversies such as the impact of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are discussed and ways in which our understanding of mental capacity may have to change in the future are addressed.LEARNING OBJECTIVES•Appreciate the different ways of considering an individual's mental capacity•Understand the primacy and limitations of the functional test of mental capacity•Use this understanding to manage potential conflicts or disagreements when considering an individual's mental capacity

scholarly journals National survey of training of psychiatrists on advance directives to refuse treatment in bipolar disorder

2017 ◽  
Vol 41 (6) ◽  
pp. 320-324 ◽  
Author(s):  
Richard Morriss ◽  
Mohan Mudigonda ◽  
Peter Bartlett ◽  
Arun Chopra ◽  
Steven Jones
Keyword(s):  
Bipolar Disorder ◽  
National Survey ◽  
Role Play ◽  
Mental Capacity ◽  
Clinical Implications ◽  
Positive Attitudes ◽  
Mental Capacity Act 2005 ◽  
Advance Decisions ◽  
Mental Capacity Act

Aims and methodTo determine features associated with better perceived quality of training for psychiatrists on advance decision-making in the Mental Capacity Act 2005 (MCA), and whether the quality or amount of training were associated with positive attitudes or use of advance decisions to refuse treatment (ADRTs) by psychiatrists in people with bipolar disorder. An anonymised national survey of 650 trainee and consultant psychiatrists in England and Wales was performed.ResultsGood or better quality of training was associated with use of case summaries, role-play, ADRTs, assessment of mental capacity and its fluctuation. Good or better quality and two or more sessions of MCA training were associated with more positive attitudes and reported use of ADRTs, although many psychiatrists would never discuss them clinically with people with bipolar disorder.Clinical implicationsConsistent delivery of better-quality training is required for all psychiatrists to increase use of ADRTs in people with bipolar disorder.

scholarly journals Capacity in vacuo: An audit of decision-making capacity assessments in a liaison psychiatry service

2017 ◽  
Vol 41 (1) ◽  
pp. 7-11 ◽  
Author(s):  
Benjamin W. J. Spencer ◽  
Gareth Wilson ◽  
Ewa Okon-Rocha ◽  
Gareth S. Owen ◽  
Charlotte Wilson Jones
Keyword(s):  
Decision Making ◽  
Educational Intervention ◽  
Mental Capacity ◽  
Clinical Implications ◽  
Liaison Psychiatry ◽  
Factors Associated ◽  
Decision Making Capacity ◽  
Mental Capacity Act 2005 ◽  
Legal Model ◽  
Mental Capacity Act

Aims and methodWe aimed to audit the documentation of decision-making capacity (DMC) assessments by our liaison psychiatry service against the legal criteria set out in the Mental Capacity Act 2005. We audited 3 months split over a 2-year period occurring before, during and after an educational intervention to staff.ResultsThere were 21 assessments of DMC in month 1 (6.9% of all referrals), 27 (9.7%) in month 16, and 24 (6.6%) in month 21. Only during the intervention (month 16) did any meet our gold-standard (n = 2). Severity of consequences of the decision (odds ratio (OR) 24.4) and not agreeing to the intervention (OR = 21.8) were highly likely to result in lacking DMC.Clinical implicationsOur audit demonstrated that DMC assessments were infrequent and poorly documented, with no effect of our legally focused educational intervention demonstrated. Our findings of factors associated with the outcome of the assessment of DMC confirm the anecdotal beliefs in this area. Clinicians and service leads need to carefully consider how to make the legal model of DMC more meaningful to clinicians when striving to improve documentation of DMC assessments.

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 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.

Sign in / Sign up

Export Citation Format

Share Document