12 - Ethicolegal Aspects Flashcards
What is an individual’s ability to make a decision termed?
Mental capacity
Which act relates to capacity? Which people are covered by this act?
Mental Capacity Act 2005
Everyone over 16
What are the 5 underlying principles of the MCA?
What 4 things does a person need to be able to do in order to be deemed to have capacity?
Understand
Retain
Weigh Up
Communicate
If someone does not have capacity - how is the decision made?
A decision is made in their best interests by their doctors
What should be taken into account when making best interests decisions?
What are the exceptions to the best interests principle?
When a advance decision refusing treatment has been signed
Research if the P doesn’t have capacity - need to seek ethical approval through a research committee
Who can be an LPA?
Anyone over 18 appointed by the donor
What does an LPA need to be in order to be valid?
Have the signature witnessed by someone other than the parties involved.
Then needs to be registered with the Office of the Public Guardian - can take up to 20w.
What are the two types of LPAs?
Health and welfare
Property and financial affairs
What is the name for a person who acts independently of medical services for Ps who lack capacity and make decisions on their behalf? Used when the P has noone else to advocate for them…
Independent Mental Capacity Advocate
Why did the DoLS safeguard have to be added to the MCA by amendment?
Because the HRA conflicted with depriving Ps of their liberty and legislation had to be enacted to give these situations.
What are the deprivation of liberty safeguards used to protect?
When can DoLS be used?
The rights of an individual who is deprived of their liberty in a hospital or care home who does not have the mental capacity to consent to this.
Used if in P’s best interests, it is a proportional response to the severity of potential harm and there is no less restrictive alternative available.
How do DoLs work?
Need to submit an electronic form (KCC) - authorisation is given for a fixed period, at the end of which further authorisation must be requested.
What is due to replace DoLS?
Liberty Protection Safeguards
- Will inc 16 & 17 yo
- Extends beyond hospitals and care homes to include supported accommodation & own homes
What do you need for valid consent?
Voluntary
Informed
Capacity
What is - an intentional act, or failure to act, that causes or risks harm to an older adult termed?
Elder abuse
What types of elder abuse are there?
Psychological / emotional abuse
Physical abuse
Neglect
Sexual abuse
Financial abuse
What are the RF for elder abuse?
F
Functional dependence
Cognitive impairment
Poor physical health
Low income
What things indicated possible elder abuse?
Which act requires local authorise to protect individuals from abuse and neglect?
The Care Act 2014
If abuse is suspected, what should be done?
An adult safeguarding concern should be raised - can be done via KCC website. NHS trusts also have safeguarding leads to speak to about this.
