Old age psychiatry and the law

Abstract

Background: Old age psychiatry is no less subject to increasing legal and quasilegal restraint than other branches of the profession, but the emphases are different. Two themes predominate: first, that of capacity or competence; and second, to what extent formal legal measures should be implemented in cases where incapacitated patients do not dissent from, as opposed to giving active consent to, admission to hospital or receiving treatment. Aims: To discuss the issues of capacity or competence, especially in relation to recent legislation and judgements and to proposed legislation in England and Wales. Method: Selective review and discussion of recent case law and current and proposed statute law. Results and conclusions: The Bournewood case threatened but ultimately failed to upset the status quo. However, the European Convention on Human Rights and the British Human Rights Act 1998 may yet do so. Declaration of interest: None.