Mental Health Act Obtaining Concent
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Obtaining Consent
For consent to be valid, it must be voluntary and informed, and the person consenting must have the capacity to make the decision.
The meaning of these terms are:
- voluntary – the decision to either consent or not to consent to treatment must be made by the person, and must not be influenced by pressure from medical staff, friends or family
- informed – the person must be given all of the information about what the treatment involves, including the benefits and risks, whether there are reasonable alternative treatments, and what will happen if treatment does not go ahead
- capacity – the person must be capable of giving consent, which means they understand the information given to them and can use it to make an informed decision
If an adult has the capacity to make a voluntary and informed decision to consent to or refuse a particular treatment, their decision must be respected.
This is still the case even if refusing treatment would result in their death, or the death of their unborn child.
If a person does not have the capacity to make a decision about their treatment and they have not appointed a lasting power of attorney (LPA), the healthcare professionals treating them can go ahead and give treatment if they believe it's in the person's best interests.
How consent is given
Consent can be given:
- verbally – for example, a person saying they're happy to be moved to a stretcher
- in writing – for example, signing a consent form for surgery
Someone could also give non-verbal consent, as long as they understand what it is we are trying to do and agree, for example "We are just going to move you on to the stretcher now" if the patient gives a body language signal such as nodding they are consenting.