Notes · Biostatistics & ethics · 7 min read
Consent and capacity
Valid consent needs capacity, information and voluntariness.
Key points
- Valid consent requires capacity, adequate information and a decision made without coercion.
- Adults are presumed to have capacity unless it is shown otherwise.
- Capacity is decision-specific: understand, retain, use or weigh the information, and communicate a decision.
- An unwise decision does not by itself mean a lack of capacity.
- When a person lacks capacity, act in their best interests, choosing the least restrictive option.
Principles from the Mental Capacity Act 2005 (England and Wales) and widely accepted consent standards; laws differ by country. A study aid, not a substitute for the current guideline or local protocols.
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