Making decisions for incapable adults 1: Capacity and best interest

The Mental Capacity Act 2005 is expected to come into force in April 2007. It will change the way decisions are made for incapable adults in England and Wales. District nurses, along with other health professionals, will be required to abide by the provisions of the Act when providing care and treatment to incapable adults. In a short series of articles, case studies will be used to illustrate how the new law will affect district nurse practice, beginning with the assessment of capacity and best interests. District nurse Mary Holt regularly visits a patient, 78-year-old Jane Harris, in her home to treat a chronic leg ulcer. Jane has been diagnosed with Alzheimer's dementia but is managing well with support from the local authority. However, Mary has noticed recently that Jane's behaviour has become a little strange. She looks unkempt and she is continually washing dishes that are not dirty. On her last visit, Jane refused to allow Mary to remove the dressing on her leg and treat the ulcer, which has become infected. Mary is concerned that Jane's wound needs to be treated to prevent further complications.