The British Journal of Psychiatry (2009) 195: 403-407. doi: 10.1192/bjp.bp.109.065151
© 2009 The Royal College of Psychiatrists
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Retrospective views of psychiatric in-patients regaining mental capacity

Gareth S. Owen, MRCPsych

Department of Psychological Medicine and Psychiatry, Institute of Psychiatry

Anthony S. David, FRCPsych

Department of Psychological Medicine and Psychiatry, Institute of Psychiatry

Peter Hayward, PhD

Department of Psychology, Institute of Psychiatry

Genevra Richardson, LLM

School of Law, King’s College London

George Szmukler, FRCPsych

Health Services Research Department, Institute of Psychiatry

Matthew Hotopf, PhD, MRCPsych

Department of Psychological Medicine and Psychiatry, Institute of Psychiatry, London, UK

Correspondence: Gareth S. Owen, Department of Psychological Medicine, Institute of Psychiatry, Weston Education Centre, Cutcombe Road, London SE5 9RS, UK. Email: g.owen{at}iop.kcl.ac.uk

Declaration of interest

None.

Background

An individual’s right to self-determination in treatment decisions is a central principle of modern medical ethics and law, and is upheld except under conditions of mental incapacity. When doctors, particularly psychiatrists, override the treatment wishes of individuals, they risk conflicting with this principle. Few data are available on the views of people regaining capacity who had their treatment wishes overridden.

Aims

To investigate individuals’ views on treatment decisions after they had regained capacity.

Method

One hundred and fifteen people who lacked capacity to make treatment decisions were recruited from a sample of consecutively admitted patients to a large psychiatric hospital. After 1 month of treatment we asked the individuals for their views on the surrogate treatment decisions they received.

Results

Eighty-three per cent (95% CI 66–93) of people who regained capacity gave retrospective approval. Approval was no different between those admitted informally or involuntarily using Mental Health Act powers ({chi}2 = 1.52, P = 0.47). Individuals were more likely to give retrospective approval if they regained capacity ({chi}2 = 14.2, P = 0.001).

Conclusions

Most people who regain capacity following psychiatric treatment indicate retrospective approval. This is the case even if initial treatment wishes are overridden. These findings moderate concerns both about surrogate decision-making by psychiatrists and advance decision-making by people with mental illness.