Core information standard: CORE INFORMATION STANDARD IMPLEMENTATION GUIDANCE
3.4 Legal information
This section identifies where there is legal or formal documentation relating to the care of the person. This includes Lasting Power of Attorney (LPA), Advance Decision to Refuse Treatment (ADRT), Mental Capacity Assessments (MCAs) and Mental Health Act (MHA) status.
The documentation may be available centrally as part of shared care records or held locally as part of the persons health and care records.
NB: Advance statement element is found in the End of life care section.
- Systems should allow copies of legal documentation to be attached to the record where it would be necessary to see copies of the original documents.
- Mental capacity assessment Mental capacity needs to be assessed at each moment where treatment decisions need to be made. Hence there should be provisions for more than one MCA to be recorded. * Mental Capacity Act 2005 (England and Wales) * Adults with Incapacity Act 2000 (Scotland) * Mental Capacity Act 2016 (Northern Ireland). If there is a need to communicate the outcome of a mental capacity assessment it is important to record to which specific decision it relates.
- Lasting power of attorney (LPA) should include details of one or more people who have been given power by the person when they had capacity to make decisions about their health and welfare should they lose capacity to make those decisions. To be valid, an LPA must have been registered with the Court of Protection. If life-sustaining treatment is being considered the LPA document must state specifically that the attorney has been given power to consent to or refuse life-sustaining treatment.
- A clinician should satisfy themselves that the Advance Decision to Refuse Treatment (ADRT) is valid and that the circumstances that they are dealing with are those envisaged when the person made the ADRT. A valid and applicable ADRT is legally binding. The record should include the location of the legal document.
Page last updated: 06 January 2026