Assessing capacity

The following article describes the two-stage test that is used to determine whether someone has the capacity to make a particular decision.

In the initial part of the test, it is important to establish whether the patient has an impairment of or disturbance in the functioning of their mind or brain. This may be temporary or permanent. Just because a patient has taken an overdose of drugs or medication does not automatically mean this has affected the functioning of their mind or brain, but it does need to be considered.

If there is an impairment, the second part of the test considers whether this is sufficient to mean that the patient is unable to make a particular decision at the time it needs to be made. How this is established is set out in the Mental Capacity Act 2005.

The patient must be able to do all the following:

Understand the information relevant to the decision (including the reasonably foreseeable consequences of whatever decision is made or of failing to make a decision).
Retain that information in making the decision.
Use or weigh the information available, and
Communicate the decision by any means, including speech, sign language, or simple muscle movement.

What should I do if a patient refuses treatment that could save their life?

Patient refuses treatment dilemma ad 1

What should I do if a patient refuses treatment that could save their life?