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Should a mentally disabled patient鈥檚 family &doctors have the right to make decisions on their behalf if th?


1.) Yes, if a patient is unable to make a decision then the doctors and family members should make the choice that is best for them.

2.) In general yes the decision should be made by others, but if the surgery is in any way controversial then the courts should decide.

3.) Doctors/family should only make decisions on small matters. Anything more important should be taken out of their hands.
No, the patients have the same rights as anyone. If they cannot

Hello, The question here is relevant to the Mental Capacity Act 2005 which can be found here:- http://www.opsi.gov.uk/acts/acts2005/200... With regards to this Act if a client does not have the mental capacity to make a decision then the client's next of kin or nearest living relative (they are defined as different) will make the decision on their behalf. Furthermore If the decision to be made is with a regard to finance and the client does not have a next of kin the nearest living relative may apply for power of attorney if none make this claim the local council may apply for power of attorny on the clients behalf.

yes if the patient is liable to cause anyone or his/her self harm

This is a complex issue. The subject has to show that they have capacity to make a decision and to understand the responsibilities of such a decision. Often vulnerable adults need others to make decisions for them. In most cases, a doctors decision would be voiced to an independent professional (usually a social worker or mental health advocate) for discussion. The process needs to be transparent and indeed open throughout.

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