Mental health legislation and decision making capacity: Capacity is more complex than it looks

BMJ 2006; 332 doi: https://doi.org/10.1136/bmj.332.7533.119 (Published 12 January 2006) Cite this as: BMJ 2006;332:119
  1. Jacinta O A Tan, Wellcome Trust Research fellow (jacinta.tan@ethox.ox.ac.uk),
  2. Tony Hope, professor of medical ethics
  1. Ethox Centre, University of Oxford, Oxford OX3 7LF
  2. Ethox Centre, University of Oxford, Oxford OX3 7LF

    Editor—We agree with Doyal and Sheather that mental health legislation should respect decision making capacity because patients with a mental disorder should not be discriminated against. 1 The current legal test of capacity and the criteria of capacity in the forthcoming mental capacity act in England and Wales largely focus …

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