Mental capacity and mental health law cases

Abstract This chapter features five cases that relate to mental capacity and mental health law cases. The first explores mental capacity in the context of refusal of a Caesarean section. In the second case ‘appropriate treatment’ tests in personality disorders are explored. The third case is focused on choosing between mental health and capacity law in the contexts of autism and mild learning difficulties. The fourth case is on performing assessments at the police station of a person with psychosis who is facing murder charges. The fifth case regards residual common law powers such as a delay in emergency situations. Each case raises relevant questions for the practitioner to consider. Clinical, legal, clinico-legal, ethical issues are discussed for each of the five cases.