Adults (with mental capacity) have always had the right to refuse treatment for a illness by withholding their consent to treatment.
Their autonomy could be challenged by: |
- The failure of staff to recognise / maximise the capacity of an individual and involve them in the decision making process
- The failure of staff or systems to recognise, record and communicate decisions and act to ensure patient choice
- Inappropriate judgement of a “Best Interests” decision when the health and personal circumstances were not properly identified
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An ADRT is now best viewed as part of an Advanced Care Plan, underpinned by Good Clinical Practice.
The Mental Capacity Act 2005 is now the statutory law that means an individual can refuse treatment/s in the future if they loose capacity and if such a document has not been created then a strict Best Interest process is defined
The Code of Practice tells us how to implement the Mental Capacity Act. Full implementation of the Mental Capacity Act happened in October 2007. Compliance at all levels is a “must do, high priority” with legal consequences. |
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