Capacity and consent: understanding the implications for nursing practice

It is a fundamental principle enshrined in health law, and central to medical and nursing ethics, that health care professionals are unable to treat an individual unless they have obtained their informed consent. This principle applies irrespective of how old the person is, although different rules apply to young people under the age of 16 years. If an adult patient refuses to give their consent and are assessed as having the mental competence or ‘capacity’ to do so, health care professionals are not permitted to provide care or treatment, even in the event that this may cause the person lasting, preventable health damage, or result in death. This article summarises what is meant by the terms capacity, consent and informed consent and outlines the implications for nursing practice