The Mental Health Act 2005 provides the legal framework for acting and making decision on behalf of individual who lack the mental capacity to make particular decision for themselves (Brown et al, 2009). Anyone who work with and/ or caring for an adult who may lack capacity to make a specific decision must comply with this Act when making decisions or Acting for that person. The same rules apply whether the decision is life changing events or everyday matters (Jones, 2012). The Mental Capacity Act 2005 section 5 state health professionals who provide care or treatment to the patient should take reasonable step to check patient’s capacity. Make sure lack of capacity is relation to the matter and act best interest to the patient. Failure to comply with the act procedures bringing a criminal law prosecution against a nurse or other health professional (Dimond, 2009).failure to obtain consent to treatment may amount to the crime of battery or negligence a common law offence (jones2012).

Those people held under mental health legislation the principle of consent continue to apply for condition not related to the mental disorder. Nurses who are involved in the care or treatment of patients detained under the relevant mental health legislation, must ensure that they are aware of the circumstances and safeguards needed for providing treatment and care without consent (NMC, 2011)

The similarity between Adult and Child branch

In both Adult and Mental Health settings seeking consent is part of a respectful relationship, regardless of the patient’s age, gender, culture, background and race. Therefore, consent may be withdrawn at any time, even after signing a consent form.. Another similarity is that when asking consent the healthcare professional has to identify whether the person is able to understand what is being said and the person’s state of mind. This is where patients are competent and free from mental illness. Communication difficulties may arise if a patient