Capacity, consent, and mental health legislation: time for a new standard?

@article{OBrien2010CapacityCA,
  title={Capacity, consent, and mental health legislation: time for a new standard?},
  author={Anthony John O'Brien},
  journal={Contemporary nurse},
  year={2010},
  volume={34 2},
  pages={237-47}
}
Recent international reforms in mental health legislation have introduced a capacity test as a criterion for civil commitment. There are proposals that a common test of incapacity should apply in both mental and physical health under a single legislative framework for all cases in which the normally accepted standard of informed consent for treatment is not met. Capacity is a complex concept, but can be reliably assessed in clinical practice. Nurses need to be involved in the policy debate… CONTINUE READING