Section: Module 2: Lesson 2: Mental Health and questions around Capacity | Medical Ethics Online | NextGenU.org

  • 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
    • 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

    • 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

    • 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

    • Read the entire content. (35 minutes)

      Code of Practice: Mental Health Act 1983 - 2015

    • 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

    • Read the entire content. (21 minutes)

      Current Psychiatry - 2019

    • Recommended Additional Readings
    • (6 hours 33 minutes)

      Mental Health, human rights, and legislation - 2023

    • (1 hour 10 minutes)

      United Nations - 2008

    • (3 hours 32 minutes)

      Who QualityRights Tool Kit - 2012