The Obstetrician & Gynaecologist 2010;12:1:29-34
doi: 10.1576/toag.12.1.029.27555
Copyright © 2010 by the Royal College of Obstetricians and Gynaecologists.
Understanding the Mental Capacity Act 2005: a guide for clinicians
Nick Nicholas, MD FRCOG Grad Diploma Law, Consultant Obstetrician and Gynaecologist, Honorary Senior Lecturer in Medical Law and Ethics1,2 and
Sotiris Nicholas, BSc (Hons) MBBS, Specialist Trainee 1 Anaesthetics3
1. Hillingdon Hospital NHS Trust, Pield Heath Road, Uxbridge, Middlesex UB8 3NN, UK
2. Imperial College School of Medicine, Exhibition Road, London SW7 2AZ, UK Email: nsnicholas{at}gmail.com (corresponding author)
3. Charing Cross Hospital, Fulham Palace Road, London W6 8RF, UK
Key content:
- 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.
Keywords advance decisions / autonomy / best interests / Lasting Power of Attorney / pregnancy
Copyright © 2010 by the Royal College of Obstetricians and Gynaecologists.
