Mentally incapable adults: consent to treatment.

Abstract

Changes in Britain's Mental Health Act in 1983 eliminated provisions for consent by a third party, such as a guardian or a court, to medical procedures on a mentally handicapped adult. The dilemma created when a mentally incapacitated person cannot consent to his or her treatment was illustrated in 1987 by the case of In re T, involving a severely retarded, pregnant 19-year-old. Her mother asked a Family Division court to sanction an abortion and a sterilization, because the physicians concerned were unwilling to operate without the court's permission. Lacking parens patriae jurisdiction under the Mental Health Act, the judge granted the request in the best interests of T's health. Brahams notes that although the judge's remarks should assist physicians treating mentally incapacitated adults, the law in this area is unsatisfactory. This deficiency in the law might be remedied by restoring parens patriae jurisdiction to the Lord Chancellor.