Letters Mental capacity

Authors’ reply

BMJ 2008; 337 doi: https://doi.org/10.1136/bmj.a902 (Published 22 July 2008) Cite this as: BMJ 2008;337:a902
  1. Matthew Hotopf, professor of general hospital psychiatry1,
  2. Gareth S Owen, clinical researcher1,
  3. Anthony S David, professor of cognitive neuropsychiatry1,
  4. Genevra Richardson, professor of law2
  1. 1Department of Psychological Medicine, King’s College London, London SE5 9RJ
  2. 2School of Law, King’s College London, London SE5 9RJ
  1. m.hotopf{at}iop.kcl.ac.uk

    Saddichha draws attention to the issue of insight and capacity—a topic that will be the subject of an upcoming paper analysing our data further. The issue is complicated because insight is not a legal concept yet sometimes does legal “work.” In some ways, legal capacity already recognises poor insight via its recognition that inability to “appreciate” (in US jurisdictions) or “use” (in English Mental Capacity Act …

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