Incapable patients and the law

doi:10.1136/bmj.332.7535.237-b

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David W Hewitt, partner (dwh@hempsons.co.uk)

Hempsons Solicitors, Manchester M1 3LF

Editor—Stewart writes that patients with dementia can be judged to be lacking capacity by a single medical opinion and transferred to an institutional facility “in their best interests,” with little chance of being able to leave and little or no access to appeal. 1 The law says that shouldn't happen, and in time, there will be legislation to prevent it.

In the Bournewood case, the European Court …