ABSTRACT
This chapter discusses health and mental health law and the way the law is used to provide mental health care to older adults. The chapter adopts a broad interpretation of mental health law, acknowledging that mental health treatment is frequently provided to older adults in settings other than dedicated psychiatric or geriatric psychiatric wards and institutions. The application of the law is examined from the perspective of the care experience of older adults. Taking this approach sheds light on the way law works in practice and helps to illuminate the gaps and shortcomings of the current regulatory regime. The chapter begins by setting out the mental health profile of older adults noting that psychosocial disability in the older population is a gendered phenomenon. It discusses the use and misuse of informed consent principles, the limitations of mental capacity assessments and the promise of supported decision-making. The chapter argues that the emerging recognition of supported decision-making in law is welcome but may fail to address the decision-making needs of older adults if their experiences are not taken into account in the design and implementation of law reforms.
