The problem of consent in psychiatry and related fields has been the s
ubject of much recent debate. In most European countries, mental healt
h legislation is presently under review. Issues surrounding capacity t
o consent, advance statements and euthanasia are the subjects of the p
resent review. Although these issues are not wholly or even predominan
tly in the field of mental health, developments in these areas greatly
inform the debate surrounding mental incapacity and the overriding of
patient consent within mental health practice. Particular attention i
s drawn to the Law Commission's report and proposed new Bill on mental
incapacity in the UK. An important issue highlighted within the debat
e surrounding capacity is assessment of competence. Assessment procedu
res need refining and updating and better quality control is needed on
decisions of incompetency.