11 Safeguarding Patient Rights

Question 1

which regions does the Mental Capacity Act 2005 apply to?

Answer 1

england and Wales, not Scotland

Question 2

What 5 assumptions does the Mental Capacity Act hold?

Answer 2

assume people have capacity
all practical steps taken to assist decision making
unwise decisions are ok
decisions must be made in the patient’s best interests
decision taken is least restrictive to persons rights and freedom of action

Question 3

Under what circumstances may someone be detained under the Mental Capacity Act?

Answer 3

only for assessment and treatment of their mental condition

Question 4

In cases where an adult patient lacks capacity, who is the principle decision maker?

Answer 4

the doctor

the judge if the case is taken to court

Question 5

What is underlined in the Doctrine of Necessity?

Answer 5

you don’t have to wait for the patient to have capacity to give consent in emergencies

Question 6

What is the role of the Nominated Consultee in Lasting Power of Attorney?

Answer 6

say what they think the patient would have wanted, not what they want for the patient

Question 7

How should an Advanced Decision to Refuse treatment be recorded?

Answer 7

may be just verbal
for life sustaining treatment, must be written, signed, witnessed, and contain a statement saying it applies even if the person’s life is at risk

Question 8

What is the role of the Court of Protection?

Answer 8

they may decide whether someone has the mental capacity to make a particular decision for themselves