New guidelines for doctors and lawyers

The Law Society has published guidelines to assist professionals in the assessing mental capacity. These guidelines have been jointly prepared by the British Medical Association and the Law Society.

It is estimated that over two million people in England and Wales may at times lack decision-making capacity. This could, for example, be a result of dementia or brain injury, or of a condition present since birth.

Dr Vivienne Nathanson, head of ethics and science at the Bitish Meidcal Association (BMA) says: "This book is an invaluable guide for health professionals and carers. It provides badly needed guidance to protect the interests of people who lack the mental capacity to make decisions about their own future and care.

The incorporation of fully up to date guidance on the Mental Capacity Act means that health professionals can be reassured that their practice is compliant with relevant law and ethics."
The guidelines set out best practice for both professions when dealing with a person who may lack capacity to make a specific decision, such as making a will or giving consent to medical treatment.

Nicola Mackintosh, a member of the Law Society's Mental Health and Disability Committee says: “The implementation of the Mental Capacity Act 2005 and the developing case law in this specialist area has resulted in a pressing need for authoritative guidance. The guide meets that need in a practical way which is easily understood. It will result in much better practice together with vital protection for vulnerable people."

The book also aims to provide practitioners with a deeper understanding of all the issues surrounding assessment of mental capacity and to improve communication between the health care and legal professions.