Co-authored by Michael Walsh and Jemma Lee.
Contents
- A Adult 2.1
 - B General rules 2.2
 - General rule 1: A capacitous adult’s wishes must be respected 2.2
 - General rule 2: There is only limited proxy of consent for others 2.3
 - General rule 3: Power to treat in an incapacitous person’s best interests 2.4
 - C Capacity 2.5
 - Presumption of capacity 2.5
 - Definition of capacity 2.6
 - The specific decision 2.8
 - Capacity is decision-specific: what must be considered is capacity to make the specific decision that has to be made 2.8
 - The relevant information 2.9
 - Key to any assessment of capacity is the identification of the information relevant to that specific decision 2.9
 - Establishing capacity to consent, as opposed to obtaining ‘informed consent’ 2.10
 - The ‘limbs’ of the functional test in section 3 2.11
 - (a) Understanding the relevant information 2.11
 - (b) Retaining the relevant information 2.12
 - (c) Using and weighing the relevant information 2.13
 - (d) Communicating the decision 2.15 Unwise or irrational decisions 2.16
 - The assessment of capacity 2.17
 - Key principles in determining capacity 2.17
 - The steps to be taken to assess capacity 2.18
 - Guidance on the assessment 2.19
 - Recording capacity assessments 2.20
 - The court makes the decision 2.21
 - Temporary incapacity 2.22
 - Anticipated loss of capacity – Guy’s and St Thomas’s NHS Foundation Trust v R 2.23
 - D Consent 2.24
 - The absolute nature of an adult’s consent 2.24
 - Treatment must be lawful 2.25
 - The obligation to treat in accordance with expressed wishes 2.26
 - E Refusal 2.27
 - Capacitous decisions to refuse treatment that may accelerate death 2.28
 - Case of Ms C 2.29
 - Obstetric treatment in the interests of a viable foetus no exception 2.30
 - F Change of mind 2.31
 - G Advance decisions 2.32
 - General principle 2.32
 - Advance decisions under the MCA 2.33
 - Validity 2.34
 - Applicability 2.35
 - Advance decisions and MHA s 63 2.37
 - Form 2.38
 - Informed refusal? 2.39
 - Knowledge 2.40
 - Duration 2.41
 - Records 2.42
 - H Conclusion 2.43
 
