Who decides whether the patient is mentally incapacitated?

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  • WLWai-Ching Leung
    Wai-Ching Leung
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Abstract
EDITOR —Gadd highlighted that patients have the right under common law to make advanced refusals, while they have the capacity to do so, of treatments when incapacitated.1 However, the case laws on which this right is based also illustrate the complexities in judging the patient's mental capacity. In Re T the Court of Appeal held that an advanced written refusal of blood transfusion by a mentally …