In no more than 2,000 words, you are required to give a detailed Essay

In no more than 2,000 words, you are required to give a detailed account of the legal arguments you would put forward for the discharge of Edna Elliot by the MH - Essay Example Every adult is presumed to deserve the sufficient capacity of understanding the decisions made by him and consequences of any action (Sumond, 2005, p.45). "Mental capacity is the term used to describe a cluster of mental skills that people use in their day to day lives in making decisions" (Capacity and Consent, p.1) Speaking in easier terms, mental capacity means the ability of an individual to make a decision about specific elements of their life" (Crawley & Williams, 2007, p.3). Actually, the concept is not a unanimous as it differs in varied context. "Consent is the voluntary or unconditional permission of a person to a given dealing" (Crawley & Williams, 2007, p.3). This relates to the free-will of an individual about a particular matter and corresponds to the psychoanalytical explanation. Permission or decision obtained through force, fraud or intimidation is not considered as consent. As per the provision of Mental Health Act, 1983 consent indicates a voluntary or unconditiona l willingness of a person for the commission of a particular act which is within the knowledge of the said person. If a certain adult suffers from mental incapacity, effort should be taken so that the best interests of the individual can be sustained. House of Lords has defined 'best interest' as: "[n]ecessary to save life or prevent a deterioration or ensure an improvement in the patient's physical or mental health; and in accordance with a practice accepted at the time by a responsible body of medical opinion skilled in the particular form of treatment in question" (Capacity and Consent, p.4). Mental incapacity is equally applicable to persons of all ages including the children. The Children's Commissioner for England ('the Children's Commissioner') was established under by the Children Act 2004. This body is invested with the responsibilities of promoting and protecting the interests of Children. Clause 24 of Mental Health Act 1983 has made some changes regarding the children und er the age of 18. The amendment states that "children with mental health problems would receive assessment, treatment and care from child and adolescent mental health specialists and where in-patient care is needed, are placed in age appropriate settings" (Children's Commissioner. n.d., p.3). 3. Legislation Regarding Mental Health There are several enactments governing the mental health in the country. The most prominent amongst these instruments is The Mental Health act, 1983. Other enactments are Mental Incapacity act, 2005, Court protection rules 1994. For the convenience and proper understanding over the topic, it is required to have a careful and through analysis over those relevant legislations. 3.1. The Mental Health Act 1983 The Mental Health Act 1983 sets out the law on assessing and/or treating a mentally disordered patient under compulsion. The legislative provisions concerning the mental incapacities and their treatment as inserted in The Mental Health