Section: Module 2: Lesson 2: Mental Health and questions around Capacity | Medical Ethics Online | NextGenU.org
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Student Learning Outcomes:
Upon completion of this lesson, you will be able to:- To explain the necessary conditions of capacity as applied to patients with mental health problems.
- To understand the concept of legal capacity (e.g., as applied to consent).
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Required Learning Resources
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Read Chapter 4 Quick Summary, sections 4.11-4.25 (two-stage test and four capacity conditions), and Chapter 13 sections 13.1-13.7, 13.26-13.37 (mental health application). (60 minutes)
Mental Capacity Act 2005 Code of Practice - 2007
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Read "The Mental Capacity Act" (pages 32-33), "Attorneys and deputies" (pages 20-21), "Saying what you want before you are ill" (pages 24-25), "Patients who cannot agree to treatment" (page 48), "The Mental Health Act and Mental Capacity Act" (page 50), and definitions (pages 65, 68). (25 minutes)
Code of Practice: Mental Health Act 1983 - 2015
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Read Part 1: Section 1 "The principles" (all subsections 1-6), Section 2 "People who lack capacity" (subsections 1-4), and Section 3 "Inability to make decisions" (subsections 1 and 4) to understand the statutory legal framework, five principles, and the four-part functional test. (25 minutes)
Legislation Gov Uk - 2025
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Read the entire content. (35 minutes)
Code of Practice: Mental Health Act 1983 - 2015
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Read "The Seven Principles of Decision Making and Consent" (all seven principles with focus on Principle 5), then read the section "Circumstances that affect the decision-making process (part 3 of 4)" specifically paragraphs 76-86 covering mental capacity definition, presuming capacity, and assessing capacity to understand clinical application of the capacity framework. (30 minutes)
General Medical Council - 2015
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Read the entire content. (21 minutes)
Current Psychiatry - 2019
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Recommended Additional Readings
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(6 hours 33 minutes)
Mental Health, human rights, and legislation - 2023
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(1 hour 10 minutes)
United Nations - 2008
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