Consent when Lacking Capacity

The Mental Capacity Act (2005) outlines the process of consent for adult patients who lack capacity in England and Wales. When consent for medical treatment is required, the health professional proposing the treatment needs to decide whether the patient has capacity for consent.

When does a person lack capacity? The Mental Capacity Act contains a two-stage test of capacity:

Stage 1

The Mental Capacity Act (2005) outlines the process of consent for adult patients who lack capacity in England and Wales. When consent for medical treatment is required, the health professional proposing the treatment needs to decide whether the patient has capacity for consent.

When does a person lack capacity? The Mental Capacity Act contains a two-stage test of capacity:

Stage 1

Is there an impairment of or disturbance in the functioning of the person’s mind or brain?

Stage 2

The Mental Capacity Act (2005) outlines the process of consent for adult patients who lack capacity in England and Wales. When consent for medical treatment is required, the health professional proposing the treatment needs to decide whether the patient has capacity for consent.

When does a person lack capacity? The Mental Capacity Act contains a two-stage test of capacity:

Stage 1

Is there an impairment of or disturbance in the functioning of the person’s mind or brain?

Stage 2

Is the impairment or disturbance sufficient that the person lacks the capacity to make that particular decision?