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.
O'Brien
Anthony J
AJ
School of Nursing, University of Auckland, Auckland, New Zealand.
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