Capacity, Consent and Dentistry - Who Decides and How Do They Do It?

Dental interventions can only occur within a legal framework. This means either the patient gives their informed consent to the procedure or, if this is not possible, an assessment is made whether they lack the ability to consent, in which case a decision on treatment is made under the Mental Capacity Act (MCA). This article takes a brief look at how the MCA sets out the test of capacity, who makes decisions when the patient is unable to do so and how 'best interest' decisions are made in a way that protects the rights of the patient and protects the dental professional from legal liability.