Letters Capacity assessment

The myth that capacity assessment entails a two stage test

BMJ 2014; 348 doi: https://doi.org/10.1136/bmj.g1914 (Published 06 March 2014) Cite this as: BMJ 2014;348:g1914
  1. Jonathan Waite, consultant psychiatrist1
  1. 1Nottinghamshire Healthcare, Queen’s Medical Centre, Nottingham, UK
  1. Jonathan.Waite{at}nhs.net

It is disappointing that the BMJ perpetuates the myth that capacity assessment entails a two stage test.1

McFarlane made clear in the case PC & NC v City of York Council [2013] EWCA Civ 478 that the Mental Capacity Act specifies a single test: “For the …

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