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Assessment of mental capacity

2nd edition 2004

The law assumes that adults have the mental capacity to make their own decisions. When individuals lose their decision-making ability, steps must be taken to ensure that their rights are safeguarded, and their wishes are given proper weight. This book deals with the key roles doctors and lawyers play in this process. The book extends to England and Wales only.

Dilemmas arise when there is doubt about the extent of an individual's capacity and frequently people have the mental ability to make some decisions but not others. Assessing an individual's capacity to make particular decisions can be difficult, particularly if the professionals involved use different terminology or standards for assessment. Effective communication between doctors, lawyers and the person being assessed in vital.

This book has been drawn up jointly by the British Medical Association and the Law Society and will prove an invaluable guide for health and legal professionals, carers and all those involved in looking after people with suspected mental impairment. The second edition of this popular book has been updated to take account of changes in the law and professional guidance including:

• legal changes since 1995
• changes in civil litigation and other court procedures
• new chapter on key professional and ethical issues in both medical and legal practice
• recent government and professional guidance on related matters and
• proposals for law reform.

The Assessment of mental capacity is available from the BMJ Bookshop - read more here on how to order the book.

Correction
On page 92 of Assessment of mental capacity, which relates to the capacity to vote, we state that “The definition of mental hospital ..... excludes psychiatric wards of general hospitals”. This is incorrect. Under the Representation of the Peoples Act 2000, the definition of mental hospital is amended to include “any establishment (or part of an establishment) maintained wholly or mainly for the reception and treatment of persons suffering from any form of mental disorder”. (S.3 RPA 2000). In our view this includes psychiatric wards of general hospitals.