Old age psychiatry and the law.
BACKGROUND
Old age psychiatry is no less subject to increasing legal and quasilegal restraint than other branches of the profession, but the emphases are different. Two themes predominate: first, that of capacity or competence; and second, to what extent formal legal measures should be implemented in cases where incapacitated patients do not dissent from, as opposed to giving active consent to, admission to hospital or receiving treatment.


OBJECTIVE
To discuss the issues of capacity or competence, especially in relation to recent legislation and judgements and to proposed legislation in England and Wales.


METHODS
Selective review and discussion of recent case law and current and proposed statute law.


CONCLUSIONS
The Bournewood case threatened but ultimately failed to upset the status quo. However, the European Convention on Human Rights and the British Human Rights Act 1998 may yet do so.
Jacoby
Robin
R
University of Oxford, Department of Psychiatry, The Warneford Hospital, Oxford OX3 7JX, UK.
D000368:Aged; D005065:Euthanasia / Q000331:legislation & jurisprudence; D005852:Geriatric Psychiatry / Q000331:legislation & jurisprudence*; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D007883:Legislation, Medical; D016743:Mental Competency / Q000331:legislation & jurisprudence; D006113:United Kingdom