Letters Mental capacity

Clarification of mental capacity and psychiatric admission

BMJ 2008; 337 doi: https://doi.org/10.1136/bmj.a917 (Published 22 July 2008) Cite this as: BMJ 2008;337:a917
  1. Brian Murray, consultant, older adults and young onset dementia service
  1. 1John Hampden Unit, Stoke Mandeville Hospital, Aylesbury HP21 8AL
  1. brian.murray{at}obmh.nhs.uk

    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 …

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