Use of the Mental Health Act and Mental Capacity Act in the general Hospital

Abstract

This article highlights the most important principles of the Mental Capacity Act 2005 and some of the amendments to the Mental Health Act 1983 that are relevant to the general hospital setting. The article focuses on how capacity should be assessed and how best interest decisions for someone lacking capacity should be made. It also discusses the role of independent mental capacity advocates, advance decisions relating to refusal of treatment, the role of the Court of Protection, and the new deprivation of liberty safeguards that have been introduced to the Mental Capacity Act. Changes to the Mental Health Act that are likely to affect practice, such as changes to professional roles, are also discussed.