title: Best interests. An holistic approach: Part 2(b).
abstract: In the last article principles and guidelines were discussed that related to the ways in which nurses have to work with the best interests of their patients in mind. Where a person is ordinarily capable of consenting to or refusing to consent to, a proposed course of treatment or care but has temporarily lost that capacity, there are certain legal guidelines to follow to ensure that the minimum interventions occur until the person regains their capacity to act in their own interests. However, also highlighted was that that certain people have never attained capacity, or do not yet have capacity or have lost capacity on a permanent basis. For these people, there are legal principles that are incorporated in the Mental Capacity Act and these have to be abided by. This article is dedicated to a review of the situation where, sadly, a person has been assessed as not being legally competent to make their own health decisions. However, where a programme of treatment and care has been clinically proposed, the person refuses to co-operate. The situation of enforced treatment and care is a delicate one. Staff have to be aware of the legal principles that apply, with reference to the Mental Capacity Act.
authors.affiliation: Nursing Law and Politics, Faculty of Health, London South Bank University, UK.
authors.forename: Suzanne
authors.initials: S
authors.lastname: Fullbrook
mesh_terms: D032781:Codes of Ethics; D003142:Communication; D003657:Decision Making / Q000941:ethics; D017408:Guidelines as Topic; D006694:Holistic Health; D006801:Humans; D007258:Informed Consent / Q000941:ethics / Q000331:legislation & jurisprudence*; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D024802:Nurse's Role; D009723:Nurse-Patient Relations / Q000941:ethics; D009730:Nursing Assessment / Q000941:ethics / Q000331:legislation & jurisprudence; D010344:Patient Advocacy / Q000941:ethics / Q000331:legislation & jurisprudence*; D016312:Treatment Refusal / Q000941:ethics / Q000331:legislation & jurisprudence*; D006113:United Kingdom