Understanding the Capacity to Consent to Treatment
A person possesses the capacity to consent to treatment if they can comprehend:
• That they have an illness or are experiencing symptoms that impact their mental
health and well-being.
• The nature and purpose of the proposed treatment for their condition.
• The potential benefits and risks associated with the treatment, along with
alternative options.
• The implications of opting not to receive the treatment.
Additionally, the individual must be able to make decisions regarding the treatment and
communicate that decision in some manner. It is important to note that choosing not to
receive treatment does not imply a lack of capacity to consent.
The Mental Health Act 2016 encourages supported decision-making by allowing
individuals to receive assistance from others in understanding the these types of
matters and in making informed decisions about their treatment. These provisions do
not alter the common law regarding a minor’s capacity to consent to treatment or a
parent’s ability to consent to treatment on behalf of a minor.
Substitute Decision Makers: Decision makers designated through Advanced Health
Directives and Enduring Powers of Attorney cannot agree to treatment and care that the
adult’s Advanced Health Directive specifically declines.
Additional Resources
MHRT TOOLKIT – HERE