n. the state of being able to make decisions about one’s medical care, i.e. to consent to or to refuse treatment. The law, by virtue of the *Mental Capacity Act 2005, requires that to assess capacity doctors should evaluate whether a patient can comprehend, retain, and weigh up information in the balance such as to make a considered decision that can be communicated. The patient must understand the nature, purpose, and possible consequences of having and not having investigations or treatments. Capacity is often impaired in such conditions as stroke, dementia, learning disability, mental illness, and intoxication with illicit substances. The term competence is often used as a synonym, but since the Mental Capacity Act 2005 came into force capacity is the preferred term. See also incompetence. —capacitous adj.
(IMCA) a person who must, by virtue of the *Mental Capacity Act 2005, be contacted to represent the *best interests of a patient who lacks *capacity and has no family or friends while acting as a proxy in medical decision-making. IMCAs are available via the local Independent Mental Capacity Advocacy Service.... independent mental capacity advocate
legislation for England and Wales, which came into force in October 2007, to govern the treatment of people who lack *capacity to make decisions. It gives legal force to the importance of *autonomy in health care and to *advance directives, decisions, or statements. It also provides statutory legislation for medical and social decision-makers to act in the patient’s best interests should he or she lose capacity (see Independent Mental Capacity Advocate). It allows proportionate force to implement decisions made in a patient’s best interests. For Scotland the current legislation is the Adults with Incapacity (Scotland) Act 2000.... mental capacity act 2005
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