12 - Ethicolegal Aspects

Question 1

What is an individual’s ability to make a decision termed?

Answer 1

Mental capacity

Question 2

Which act relates to capacity? Which people are covered by this act?

Answer 2

Mental Capacity Act 2005

Everyone over 16

Question 3

What are the 5 underlying principles of the MCA?

Answer 3

Question 4

What 4 things does a person need to be able to do in order to be deemed to have capacity?

Answer 4

Understand
Retain
Weigh Up
Communicate

Question 5

If someone does not have capacity - how is the decision made?

Answer 5

A decision is made in their best interests by their doctors

Question 6

What should be taken into account when making best interests decisions?

Answer 6

Question 7

What are the exceptions to the best interests principle?

Answer 7

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

Question 8

Who can be an LPA?

Answer 8

Anyone over 18 appointed by the donor

Question 9

What does an LPA need to be in order to be valid?

Answer 9

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.

Question 10

What are the two types of LPAs?

Answer 10

Health and welfare
Property and financial affairs

Question 11

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…

Answer 11

Independent Mental Capacity Advocate

Question 12

Why did the DoLS safeguard have to be added to the MCA by amendment?

Answer 12

Because the HRA conflicted with depriving Ps of their liberty and legislation had to be enacted to give these situations.

Question 13

What are the deprivation of liberty safeguards used to protect?

When can DoLS be used?

Answer 13

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.

Question 14

How do DoLs work?

Answer 14

Need to submit an electronic form (KCC) - authorisation is given for a fixed period, at the end of which further authorisation must be requested.

Question 15

What is due to replace DoLS?

Answer 15

Liberty Protection Safeguards
- Will inc 16 & 17 yo
- Extends beyond hospitals and care homes to include supported accommodation & own homes

Question 16

What do you need for valid consent?

Answer 16

Voluntary
Informed
Capacity

Question 17

What is - an intentional act, or failure to act, that causes or risks harm to an older adult termed?

Answer 17

Elder abuse

Question 18

What types of elder abuse are there?

Answer 18

Psychological / emotional abuse
Physical abuse
Neglect
Sexual abuse
Financial abuse

Question 19

What are the RF for elder abuse?

Answer 19

F
Functional dependence
Cognitive impairment
Poor physical health
Low income

Question 20

What things indicated possible elder abuse?

Answer 20

Question 21

Which act requires local authorise to protect individuals from abuse and neglect?

Answer 21

The Care Act 2014

Question 22

If abuse is suspected, what should be done?

Answer 22

An adult safeguarding concern should be raised - can be done via KCC website. NHS trusts also have safeguarding leads to speak to about this.