Wednesday, December 29, 2004

Government incapacity on mental health (UK)
Opinion column at Spiked Health - "The Mental Capacity Bill, which was debated in the UK House of Commons earlier this month, has the stated aim of protecting the interests of those with mental incapacity. It is an attempt to clarify who has the right to make choices and decisions for those unable to do so for themselves. ... Mental incapacity should not be equated with mental disorder. The diagnosis of mental disorder, defined in the Mental Health Act 1983 as meaning mental illness, mental impairment and psychopathic disorder, is a medical one. The decision over mental capacity, or rather whether someone lacks capacity, is a legal one. While medical opinion will be sought, it is the court that will make the judgement over mental capacity. The decision over whether or not someone lacks capacity is not a straightforward one; it depends on the nature of the decision to be made..."