Using a hypothetical case study, we discuss multiple important concepts regarding decision-making capacity:
1. Can the Mental Health Act be used to enforce treatment for physical ailments?
Link to the NSW Mental Health Act:
https://legislation.nsw.gov.au/view/html/inforce/current/act-2007-008
2. What is decision-making capacity?
· When do we need to formally assess decision-making capacity?
· What about patients with mental illness?
Useful links:
o NSW Health Consent to Medical and Healthcare Treatment Manual:
https://www.health.nsw.gov.au/policies/manuals/Publications/consent-manual.pdf
o NSW Government Capacity Toolkit:
https://www.tag.nsw.gov.au/sites/default/files/2020-10/CapacityToolkit2020_1.pdf
3. Are health professionals obliged to prevent patients from making unwise health decisions?
· What if those unwise decisions are likely to result in the patient's harm or death?
Useful links:
o NSW Health Consent to Medical and Healthcare Treatment Manual:
https://www.health.nsw.gov.au/policies/manuals/Publications/consent-manual.pdf
o NSW Government Capacity Toolkit:
https://www.tag.nsw.gov.au/sites/default/files/2020-10/CapacityToolkit2020_1.pdf
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