The editorial by Dawson makes some interesting points but two important issues need clarification.1 He says that where a patient might be covered by the Mental Capacity Act 2005 or the Mental Health Act 2007, the clinician can choose which to apply. There are, in fact, guidelines supplied with the code of practice for the Mental Capacity Act 2005 (www.justice.gov.uk/guidance/mca-code-of-practice.htm), advising which is the more …