Mental Capacity, Covert treatment and the Mental Capacity Act

In order to provide legally valid consent to treatment patients must be fully informed and mentally competent to form a judgement as to whether or not to consent voluntarily to that treatment.  

Nobody else may consent on behalf of an adult patient that lacks capacity, but treatment may sometimes be given without consent to such a patient, provided it is judged to be in the patient's best interests.  

If there is any doubt about a patient's mental capacity and best interests it is sensible to seek legal advice and if necessary a Court order may be obtained before treatment is given.  

GPs are advised not to take sole responsibility for authorising covert treatment of patients in care homes that lack mental capacity.  

These issues will assume a higher profile when the Mental Capacity Act 2005 comes into force in April next year.

Further information:

Mental capacity, covert treatment & Mental Capacity Act