the person has been given a reasonable opportunity to discuss the decision with the registered medical practitioner or other health practitioner proposing the treatment or medical treatment.the person has been given a reasonable period of time to consider the matters involved in the decision.they have been given the relevant statement of rights and had that statement explained to them in a manner that the person is most likely to understand.Ī person has been given a reasonable opportunity to make a decision if:.they have received answers to any relevant questions that the person has asked and any other relevant information that is likely to influence the person’s decision.they have been given an explanation of any beneficial alternative treatments that are reasonably available, including any information about the advantages and disadvantages of these alternatives.they have been given an explanation of the advantages and disadvantages of the treatment or medical treatment including information about the associated discomforts, risks and common or expected side effects of the treatment or medical treatment.they have been given an explanation of the proposed treatment or medical treatment, including the purpose, type, method and likely duration of the treatment or medical treatment.
Adequate informationĪ person has been given adequate information to make an informed decision if: The Mental Health Act contains a number of guiding principles to assist a person who is required to determine whether a person has capacity to give informed consent. young people or older persons) or whether they are apatient under the Mental Health Act.
This means that everyone must be presumed to have capacity to make decisions about their treatment or medical treatment, regardless of their age (e.g. The person seeking informed consent of another person to a treatment or medical treatment must presume that the other person has the capacity to give informed consent.
have given consent freely without undue pressure or coercion by any other person.have been given a reasonable opportunity to make the decision.have been given adequate information to enable the person to make an informed decision.have capacity to give informed consent to the treatment or medical treatment proposed.The informed consent of a person must be sought before treatment or medical treatment is given to a person in accordance with the Mental Health Act. the process for providing medical treatment to a patient who does not have capacity to give informed consent to medical treatment.the circumstances in which treatment can be provided to a patient without the patient’s informed consent and the process that must be undertaken before providing that treatment.The informed consent of a person must be sought before treatment or medical treatment is given to the person under the Mental Health Act 2014.Īll people are presumed to have capacity to give informed consent to treatment or medical treatment regardless of their age or legal status under the Mental Health Act.
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