Capacity, consent, and mental health legislation: time for a new standard?
Recent international reforms in mental health legislation have introduced a capacity test as a criterion for civil commitment. There are proposals that a common test of incapacity should apply in both mental and physical health under a single legislative framework for all cases in which the normally accepted standard of informed consent for treatment is not met. Capacity is a complex concept, but can be reliably assessed in clinical practice. Nurses need to be involved in the policy debate about capacity and consent in mental health care.
School of Nursing, University of Auckland, Auckland, New Zealand.
Anthony J
AJ
O'Brien
D001294:Attitude to Health; D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D034462:Dissent and Disputes; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D008605:Mental Health Services / Q000331:legislation & jurisprudence; D009520:New Zealand; D024802:Nurse's Role; D010344:Patient Advocacy / Q000331:legislation & jurisprudence*; D017410:Practice Guidelines as Topic; D011287:Prejudice; D011568:Psychiatric Nursing / Q000331:legislation & jurisprudence; D013240:Stereotyping