Capacity and best interests in relation to medical treatment now fall under the Mental Capacity Act 20051. Cases relating to serious healthcare and treatment decisions should be referred to the Court of Protection for a declaration2.
Although a parent may consent to medical treatment on behalf of a child who is incapable of giving a valid consent3, there is a considerable body of case law4 as to when an adult patient is incapable5 of consenting to being given medical treatment6.
For consent to medical treatment to be effective as a defence to a claim for
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