Ethical Issues: The Mental Capacity Act 2005

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Every day we are faced with countless ethical issues that we either overlook or act upon. Some of these issues include bullying, privacy, and working conditions for employees. A very important topic in the medical field is freedom vs. control. This is the concept of letting the patient accept or refuse treatment pertaining to their health, or allowing nurses to force something on the patient that is beneficial for their health. With this concept comes a law that was enacted called The Mental Capacity Act 2005. This act covers a wide range of information dealing with patient rights and who can make decisions for them when they are incapable of making the decision. It empowers the patient to make decisions for themselves and protects them when …show more content…
Sections two and three of the Mental Capacity Act cover this topic. According to section two, a person lacks capacity if he is unable to make a decision because an impairment of, or a disturbance in the functioning of, the mind or brain . This is always the case regardless of the condition being permanent or temporary. However, the matter is sometimes put on hold until the person becomes capable of making a decision again. These circumstances are usually for smaller matters that can afford to be put off until a later time. Section two also states that a lack of capacity cannot be established merely by reference to a person’s age, appearance, or a condition or aspect of behavior, which might lead others to make unjustified assumptions about his capacity (Mental Capacity Act 2005). The decision must be based on the mental health of the individual in accordance to the guidelines established. It’s also important to note that the diagnostic threshold covers a broad range of possible situations that could be encountered including persons under the influence of alcohol or drugs, delirium, concussions, mental illness, dementia, and any injury that may cause the brain to be affected (Griffith, …show more content…
It states that, advanced decisions must be made by a person of at least 18 years when he has capacity to do so, that if at the time he lacks capacity to consent to the carrying out or continuation of the treatment, the specified treatment is not to be carried out or continued. The person also has the right to withdraw or alter the advanced decision without writing, when he has the capacity to do so (Mental Capacity Act 2005, section 24). According to the Alzheimer’s Society (2013), advanced decisions should be made ‘to ensure that, if they are unable to make decisions about treatment or consent in the future, they are not forced to receive treatment that they would not want’. In the case of Kerrie Wooltorton, the hospital followed protocol and either way they approached the situation, they were required by law to comply with the patients wishes. If they assessed that she lacked capacity, they would have to follow her advanced refusal. On the contrary, if they thought that she was capable of making a decision, she verbally choose to refuse treatment at the
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