17.1 - Capacity to consent to treatment?

Schedule 2 of the Mental Health Act 2000 (Qld) defines capacity in relation to a person as, a person who is capable of understanding the nature and effect of decisions about their treatment. In addition, the patient must be capable of making free and voluntary decisions in relation to that treatment, and be capable of adequately communicating those decisions. It should be noted that a guardian, attorney or statutory health attorney is not relevant in relation to the patient giving consent.