Mental Capacity and Mental Health Acts part 1: advance decisions

The Department of Health is undertaking a review of the Mental Health Act 1983 code of practice and as part of that review has opened a consultation on what changes should be made. One key area for change is a chapter that provides clearer information about the interface between the Mental Health Act 1983 and the Mental Capacity Act 2005. Both the House of Commons Health Select Committee and the House of Lords Mental Capacity Act Committee have argued that poor understanding of the interface has led to flawed decision making by doctors and nurses. In the first of a short series of articles, Richard Griffith considers the interface between these two important statutes, beginning with advance decisions to refuse treatment (ADRT).