It must be clearly
understood that the Mental Capacity Act 2005 does not replace
the Mental Health Act 1983. These Acts refer to different circumstances.
The Mental Health Act 1983 applies to the assessment, admission,
and treatment of patients with a mental disorder, or guardianship
of clients under the Act.
If the person retains capacity and is not under compulsory treatment
(Part IV) for their mental disorder they still have the right
to make an ADRT. If the person is detained under Part IV of the
Mental Health Act treatment of the mental disorder cannot be
refused even if it is mentioned in the ADRT. An ADRT for a physical
disorder could still be valid and applicable despite being detained
under Part IV of the Mental Health Act. A person subject to detention
under other components of the Mental Health Act cannot have their
ADRT for any reasons overridden.
In cases of uncertainty further guidance should be obtained.
Mental Health Act 1983 is currently subject to amendment by the
proposed Mental Health Bill. This has specific implications to
actions that might restrict civil liberties. |
