Co-authored by Nageena Khalique KC and Rachael Gourley.
Contents
- A Introduction 14.1
- B Capacitous adults 14.2
- General principle 14.2
- Power to treat under s 63 of the Mental Health Act 1983 14.3
- Steps to be taken 14.4
- Confirmation that the patient has the mental capacity to make the decision in question 14.5
- Ability to understand the information relevant to the decision 14.6
- Ability to use or weigh the information as part of the decision-making process 14.7
- Advice 14.8
- Undue influence 14.9
- Scope of a decision to refuse treatment 14.10
- The role of relatives and close friends 14.11
- Recording a decision taken against medical advice 14.12
- C Incapacitous adults 14.13
- General principle 14.13
- Advance decisions 14.14
- Reported oral advance decisions 14.15
- The effect of uncertainty 14.16
- Written declarations 14.17
- Religious observance in incapacitous patients 14.18
- Religious Ps – assumptions should not be made as to beliefs 14.19
- D Children 14.20
- General principle 14.20
- Best interests 14.21
- Religious objections to withdrawal of treatment from a child 14.22
- Raqeeb 14.23
- Fixsler 14.24
- High Court proceedings 14.25
- Court of Appeal and ECHR 14.27
- Where should life support be withdrawn? 14.28
- Conclusion on Fixsler 14.29
- Ceiling of care cases 14.30
- The ‘Gillick competent’ child 14.31
- Re X (No 2) – Rolling orders 14.32
- E Procedural issues 14.33
- Anticipation 14.33
- Notice and consultation 14.34
- Evidence 14.35
- Change of circumstance 14.36
- F Conclusion 14.37