Mental Health Act 20266
|
Capacity assessment | ||
|
45. (1) Where a responsible consultant psychiatrist reasonably considers that an involuntarily admitted person may lack capacity to consent to or refuse treatment, then he or she shall, as soon as practicable, carry out a capacity assessment or arrange for another mental healthcare professional who is involved in the care and treatment of the person concerned to carry out the capacity assessment. | ||
(2) Where, following the completion of a capacity assessment of an involuntarily admitted person, the responsible consultant psychiatrist, or other mental healthcare professional, concludes that the person, the subject of the assessment, lacks capacity to consent to or refuse treatment, the responsible consultant psychiatrist shall arrange for a second capacity assessment of the person to be carried out by another consultant psychiatrist or other mental healthcare professional. | ||
(3) A second capacity assessment shall not be carried out by a person who is involved in the care and treatment of the person concerned. | ||
(4) Where, following the completion of a capacity assessment and second capacity assessment, both the responsible consultant psychiatrist or other mental healthcare professional who carried out the assessments concerned conclude that the person, the subject of the assessment, lacks capacity to consent to or refuse a proposed treatment, then that person shall be assessed as lacking capacity to give consent to the proposed treatment and the provisions of sections 46 to 51 shall apply accordingly. | ||
(5) Where, following the completion of a capacity assessment under subsection (1), or a second capacity assessment, the mental healthcare professional concerned finds that the person, the subject of the assessment, does not lack capacity, then that person shall be assessed as having capacity to consent to or refuse the proposed treatment. | ||
(6) A capacity assessment and, where applicable, a second capacity assessment shall be— | ||
(a) arranged for and carried out as soon as practicable, and | ||
(b) carried out regularly, with the frequency of review based on the individual needs of the person concerned, and in any event not less than once every 14 days, to assess whether the person continues to lack the necessary capacity to consent to or refuse treatment. | ||
(7) A capacity assessment and a second capacity assessment of a person and the findings thereof shall be retained and recorded in the person’s medical records. | ||
(8) An involuntarily admitted person, and his or her nominated person, if any, shall be entitled to be furnished with copies of the capacity assessments on request. | ||
(9) A spouse or relative of a person shall be disqualified from carrying out a capacity assessment in respect of that person. | ||
(10) The Commission shall prepare and publish a code of practice in relation to capacity assessments. |