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C/L/565. Critically assess the extent to which current law safeguards the interests of incompetent patients in respect of healthcare decisions

WORDS:
1000
DATE:
2010
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19.99 GBP

The purpose of this paper is to assess the degree to which present legal measures effectively safeguard the interests of incompetent patients in relation to healthcare decisions. An essential issue of concern with regards to incompetent patients lies in consent, in the issue of lasting power of attorney, and the degree to which patients are able to make decisions regarding their personal healthcare. English Common Law is often unclear on how to judge competence effectively, and often decisions are made on the basis of a consideration of necessity. The paper examines the role of doctors and medical authorities, their legal position, and the role of the UK’s Mental Capacity Act, 2005.

 

KEYWORDS: Incompetent patients, lasting power of attorney, personal healthcare, Mental Capacity Act, 2005,

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