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MENTAL HEALTH ACT 2016 - SECT 14
Meaning of capacity to consent to be treated
14 Meaning of capacity to consent to be treated
(1) A person has
"capacity" to consent to be treated if the person— (a) is capable of
understanding, in general terms— (i) that the person has an illness, or
symptoms of an illness, that affects the person’s mental health and
wellbeing; and
(ii) the nature and purpose of the treatment for the illness;
and
(iii) the benefits and risks of the treatment, and alternatives to the
treatment; and
(iv) the consequences of not receiving the treatment; and
(b)
is capable of making a decision about the treatment and communicating the
decision in some way.
(2) A person may have
"capacity" to consent to be treated even though the person decides not to
receive treatment.
(3) A person may be supported by another person in
understanding the matters mentioned in subsection (1) (a) and making a
decision about the treatment.
(4) This section does not affect the common law
in relation to— (a) the capacity of a minor to consent to be treated; or
(b) a parent of a minor consenting to treatment of the minor.
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