What is Competence

[watson]

Many laws that deal with one's mental health often uses the word "competence." What is competence though? It has been interpreted differently by different judges, states, and even during different eras. In your opinion, what is competence and how far should that affect a court hearing?

[SWM]

i think competence is the professionals ability to carry ou there responsibilities and maintain a duty of care to thier cases.

I dont know the letter of the law and i know less about US law and i have not come across or been made aware of any legislation in the UK about competence.

A lot of the legislation i have been made aware of has to do with mental capacity. That is, the patients mental capacity and the patients rights to choice and inclusion in decisions about their treatment.

The Mental Capacity Act 2007 is due to be implemented this year 2008, as update to the Mental Health Act  1983. Professionals working in health and social services will be hearing a lot about this over the months ahead.