Glossary

Glossary of terms used in Professional standards in action

Legal authority

Each jurisdiction of the UK has its own mental capacity legislation which, together with the accompanying codes of practice, provides a framework for making decisions when patients lack the capacity to make healthcare decisions for themselves. 

Doctors must be aware of their duties under the relevant legislation, and have regard to the relevant code of practice, wherever they practice in the UK (see the Key legislation and case law factsheet for links to all the UK legislation and codes of practice).

For patients who lack capacity to make a healthcare decision, it is the treating doctor’s responsibility to find out whether someone else has the legal authority to make the decision on the patient’s behalf, or has been appointed to represent them. This is one of the steps the treating doctor needs to take before concluding that it is their responsibility to decide which option(s) would be of overall benefit to the patient.

Overall benefit

We use the term ‘overall benefit’ to describe the ethical basis on which decisions are made about treatment and care for adult patients who lack capacity to decide for themselves.

This involves weighing up the risks of harm and potential benefits for the individual patient of each of the available options, including the option of taking no action. The concept of overall benefit is consistent with the legal requirements to consider whether treatment ‘benefits’ a patient (Scotland) or is in the patient’s ‘best interests’ (England, Wales and Northern Ireland).

Communication tools

For information about simple communication tips and tools – like talking mats or intensive interaction – that can help improve the effectiveness of consultations, see the Communications page of our ethical hub topic on Learning disabilities.