Author: Hotopf, Matthew

Source: Clinical Medicine, Journal of the Royal College of Physicians, Volume 5, Number 6, November/December 2005 , pp. 580-584(5)

Publisher: Royal College of Physicians

Abstract:

Mental capacity is required for an adult to make autonomous treatment choices. This review highlights recent legal and clinical developments in the field. The recent English Mental Capacity Act 2005 is described and compared with mental health legislation. Some of the difficulties of defining mental capacity are then outlined. Recent research regarding mental capacity in general hospital patients is summarised. Such research indicates firstly that capacity can reliably be assessed; secondly, that among general hospital inpatients, approximately one-third may lack capacity; and thirdly, that mental incapacity in this setting is mainly driven by cognitive impairment caused by delirium or dementia. This is contrasted with psychiatric inpatients, where the problem is no more frequent, but mainly relates to psychotic illness. The article finishes with some general guidance as to how to assess mental capacity in the general hospital.

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Keywords: ASSESSMENT; DELIRIUM; DEMENTIA; LAW AND MEDICINE; MENTAL CAPACITY; MENTAL DISORDERS; MENTAL HEALTH LAW

Document Type: Research article

Publication date: 2005-11-01

More about this publication?

• Clinical Medicine is published six times a year and circulated to 20,000 Fellows and Members of the Royal College of Physicians. The journal is read by physicians both established and in training in hospitals across the world. It features a wide range of articles including original papers, professional issues, clinical guidance, medical humanities, ethics and clinical governance. The journal publishes the key features from the College lectures and conferences. Each issue has a CME section which reviews the latest advances in a chosen specialty.
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