The issue of mental competence in relation to consent to treatment has been high-lighted in the recently amended Mental Health Act in Ontario. The definition of mental competence in this context, how it is to be determined, and some practical implications of the Section of the Act pertaining to this matter, are discussed. The case history of a young woman is used to illustrate some of the points made.
References
1.
Government of Ontario: Rights and Responsibilities, The Mental Health Act, 1978 including Bill 19 amendments. November 1, 1978.
2.
MeiselA., RothL.H., LidzC.W.: Toward a model of the legal doctrine of informed consent.Am J Psychiatry, 134(3): 285–289, 1977.
3.
RothL.H., MeiselA., LidzC.W.: Tests of competency to consent to treatment.Am J Psychiatry, 134(3): 279–284, 1977.
4.
TimbrellThe Hon. D.R., Minister of Health:Bill 19, An Act to amend The Mental Health Act.Toronto: J.C. Thatcher, Queen's Printer for Ontario, 1978.
