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Advance Statements Weight — MRCPsych Paper B MCQ

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ModerateMental Health LawAdvance Statements WeightMRCPsych Paper B

A patient detained under section 3 of the Mental Health Act 1983 has an advance statement, made when they had capacity, describing their preferences about treatment for mental disorder. According to the Mental Health Act Code of Practice for England, which is the most accurate statement about this advance statement?

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Correct answer: E — It should be taken into account when deciding care and treatment, but it is not legally binding and lawful compulsory treatment powers may still be used.

An advance statement expresses a patient’s views, wishes and preferences about future care or treatment. It is not legally binding, but the Code requires that it is taken into account in care and treatment decisions. The statement therefore remains relevant during detention. Lawful powers under the Mental Health Act can still permit compulsory treatment for mental disorder despite the patient’s stated preferences. C incorrectly treats an advance statement as absolutely binding. An advance decision to refuse treatment is legally binding under the Mental Capacity Act when valid and applicable, but its effect may be limited where Mental Health Act treatment powers apply; it is also distinct from an advance statement. A and E wrongly disregard the patient’s expressed wishes, while D invents a nearest-relative formality.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, Chapter 9, especially paragraph 9.2, 2015. https://www.rcpsych.ac.uk/docs/default-source/members/divisions/west-midlands/west-midlands-mental-health-act-code-of-practice.pdf?sfvrsn=305d5476_4