FAQs
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Date:
29 November 2006Category:
General FAQsQuestion:
With regard to 'Informed Consent'.
A person is suffering severe dementia.
Can this person be admitted to an approved centre as a Voluntary patient without they expressly giving their concent to the admission?
If they have not expressed their consent to be admitted can it be assumed that they have given their consent to be admitted as a voluntary patient?
If it cannot be assumed that they have given their consent to a voluntary admission should the procedures for a non-voluntary admission be initiated?
Answer:
The Mental Health Act, 2001 does not provide for persons who lack capacity. It is a clinical decision to decide whether to admit a person but the must the criteria for mental disorder which is the grounds for an involuntary admission.
Please refer to the Law Reform Commission publication Consultation Paper on Vulnerable Adults and the Law.
This is available on the Mental Health Commissions – e-learning website in resources.