What the law says
Information relates to English law and is correct as of 01/03/2025.
For information about other UK nations click here.
Who decides what treatment or care to offer
This is based on professional assessment of needs, clinical appropriateness, and, inevitably, competing demands for finite resources. An adult patient […]
Read moreThe need for consent
Valid consent for treatment or care is essential. Without it, professionals delivering that treatment or care could be committing a […]
Read moreWho decides what treatment or care to take? (for children up to age 18)
Valid consent for treatment or care can normally come from anyone who holds parental responsibility [1]. The expectation is that someone […]
Read moreMental Capacity act
For decisions about health and welfare, the Mental Capacity Act (MCA) applies to everyone over the age of 16 years. […]
Read moreWho is the best interests decision maker?
The decision about who is the best interests decision-maker is a crucial point, and the unhelpful answer is that it […]
Read moreBest interests decision making
“Best interests” decision-making should always be collaborative. Whoever is the best interests decision-maker, there is an obligation in the MCA […]
Read moreAdvanced decisions to refuse treatment (ADRT), attorneys and deputies
Where a person has capacity for a decision about specific medical treatment now, they can make an Advance Decision to […]
Read moreRestrictions and deprivation of liberty
Sometimes, best interests decisions about care or treatment for someone who lacks capacity to make those decisions for themselves can […]
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