ABSTRACT

This chapter introduces the most important and frequently encountered issues. They are: capacity, consent to medical treatment, advance statements regarding medical treatments, medical treatment at the end of life, detention and treatment under the Mental Health Acts, and management of the patient's property. Guardianship is a less severe form of compulsion, and is therefore more likely to be helpful in the case of older patients in the community. It applies to those with mental disorder who need but who do not require compulsory admission. More commonly, a patient's affairs are administered under a power of attorney. An agent is appointed by the patient to manage his affairs. The Receiver's authority is restricted to the patient's property, including costs of the patient's food, clothing, recreation and medical costs. The Receiver is expected to consult the patient's doctor, social worker and carers as necessary, but has no real power over personal decisions including consent to medical treatment.