The assessment of mental capacity

Hotopf, Matthew

doi:10.7861/clinmedicine.5-6-580

Cited by 42 publications

(23 citation statements)

References 43 publications

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“…• that this results from the respect for the right of self-determination of the patient, his responsibility for himself, and his willingness to cooperate; • that the valid assessment of the capacity to consent is ethically relevant, because a wrong assessment leads either to an invalid consent and thereby leaves the responsibility of decisions with a patient who cannot bear this responsibility due to his incompetence, or inversely discriminates against a competent patient [17]; • that consent should be assessed in order to ensure the validity of the consent.…”

Section: Assessment Of Capacity To Consentmentioning

confidence: 99%

Research with dementia patients?

Helmchen

2015

Ethics, Medicine and Public Health

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Section: Assessment Of Capacity To Consentmentioning

confidence: 99%

Research with dementia patients?

Helmchen

2015

Ethics, Medicine and Public Health

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“…When this information has been presented to Mr Jones and Mrs Jarvis, the decision maker must determine whether or not they can understand, retain and weigh it up before communicating their decisions (Hotopf 2013). If, on balance, they can do this, they have residence capacity; if they cannot, they lack this capacity because the presumption of capacity has been rebutted.…”

Section: Box 4 Information Necessary For Residence Capacitymentioning

confidence: 99%

Residence capacity: its nature and assessment

Hughes¹,

Poole

Louw³

et al. 2015

BJPsych advances

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SummaryThis article discusses the importance of residence capacity – an individual's mental capacity to decide where they should live – and suggests how it should be assessed. People with dementia or intellectual disabilities, as well as those with other mental disorders, are sometimes required to make this decision. Assessments of capacity must be conducted with considerable care, given the implications for the individual and for their human rights. The assessment must be objective and functional: the assessor must be able specifically to demonstrate a lack of decision-making ability. Yet assessments of capacity still require evaluative decisions to be made. We suggest some basic information that should be conveyed to the person faced by the prospect of a change of residence where there is a doubt about capacity.

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“…The new Mental Capacity Act, which has been fully implemented since October 2007, has obvious implications in terms of increasing workload for doctors (Hotopf, 2005). The provisions of this new Act will, by its very nature, require doctors to possess adequate confidence in capacity assessment, and thus necessitate some form of training scheme to fulfil this, and awareness of the Act and its implications.…”

Section: Commentmentioning

confidence: 99%