The failure to assess mental capacity in people with personality disorder is considered in an article published by the British Journal of Psychiatry Bulletin. The authors state: ‘The psychopathology of BPD and specifically the way this affects the ‘using and weighing’ element of decision-making capacity is extremely complex and not acknowledged widely enough either in clinical practice or within the Mental Capacity Act itself. This leads to inconsistency in patient care.’
The article was published in 2017 and it is notable that the Court of Protection has issued several rulings concerning people with personality disorder since then. Our MHA and MCA case law sheet provides information and links to these cases.