Using a hypothetical case study, we discuss multiple important concepts regarding decision-making capacity: 1. Can the Mental Health Act be used to enforce treatment for physical ailments? Link to the NSW Mental Health Act: https://legislation.nsw.gov.au/view/html/inforce/current/act-2007-008 2. What is decision-making capacity? · When do we need to formally assess decision-making capacity? · What about patients with mental illness? Useful links: o NSW Health Consent to Medical and Healthcare Treatment Manual: https://www.health.nsw.gov.au/policies/manuals/Publications/consent-manual.pdf o NSW Government Capacity Toolkit: https://www.tag.nsw.gov.au/sites/default/files/2020-10/CapacityToolkit2020_1.pdf 3. Are health professionals obliged to prevent patients from making unwise health decisions? · What if those unwise decisions are likely to result in the patient's harm or death? Useful links: o NSW Health Consent to Medical and Healthcare Treatment Manual: https://www.health.nsw.gov.au/policies/manuals/Publications/consent-manual.pdf o NSW Government Capacity Toolkit: https://www.tag.nsw.gov.au/sites/default/files/2020-10/CapacityToolkit2020_1.pdf Find me on Instagram @thesafepracticepodcast. All content and opinions within this podcast are my own, and are not those of any organisation with which I am affiliated.
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