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KembaraXtra – Legal Terms – Patient Lacking Capacity
A patient lacking capacity is a person who is unable to make decisions for himself because of an impairment or disturbance affecting the mind or brain.
The assessment concerns whether the patient can understand, retain, use, or communicate relevant information regarding a decision.
Where a patient lacks capacity, decisions must generally be made in the person’s best interests.
The legal framework governing such decisions is principally contained in the Mental Capacity Act 2005.
Issues commonly arise in relation to medical treatment, financial management, and personal welfare decisions.
A patient lacking capacity is a person who is unable to make decisions for himself because of an impairment or disturbance affecting the mind or brain.
The assessment concerns whether the patient can understand, retain, use, or communicate relevant information regarding a decision.
Where a patient lacks capacity, decisions must generally be made in the person’s best interests.
The legal framework governing such decisions is principally contained in the Mental Capacity Act 2005.
Issues commonly arise in relation to medical treatment, financial management, and personal welfare decisions.
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