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  • Print publication year: 2019
  • Online publication date: June 2019

Chapter 5A - Mental Capacity Act Application: Hospital Settings


The purpose of the Mental Capacity Act can be thought of as follows: a means of providing legal justification for actions in connection with a person, which would normally require the consent of that person, when it is not possible to obtain consent on the grounds that the person lacks the decision-making capacity to give or withhold legally valid consent. In other words, if a healthcare professional needs to do something, which would normally be unlawful if they did not gain the patient’s consent, but the patient is unable to give consent, then the Mental Capacity Act provides a framework.

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Mental Health Act 1983, as amended 2007.
Mental Capacity Act 2005.
Cheshire West and Chester Council v. P [2014] UKSC 19 [2014] MHLO 16.
R (Ferreira) v. HM Senior Coroner for Inner South London [2017] EWCA Civ 31, [2017] MHLO 2.