Mental Capacity Flashcards
Define mental capacity.
A person’s ability to make a specific decision
How do you assess mental capacity?
Are they able to understand the information given to them?
Are they able to retain that information long enough to make a decision?
Are they able to reason and weigh up the information available to make a decision?
Are they able to communicate their decision?
What do you do if they do not have mental capacity
Discuss with the power of attorney to make the decision
If not, act in the patient’s best interest
Give the 5 principles of best interest.
- assume a person has the capacity to make a decision themselves, unless it’s proven otherwise
- wherever possible, help people to make their own decisions
- don’t treat a person as lacking the capacity to make a decision just because they make an unwise decision
- if you make a decision for someone who doesn’t have capacity, it must be in their best interests
- treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms
What does the 2-stage test of capacity set by MCA comprise of? What is the name of the form?
COP3
1) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use?
2) Does the impairment mean the person is unable to make a specific decision when they need to?
What should be taken into account in patient’s best
interest?
Past and present wishes and feelings
Beliefs and values that may have influenced the decision being made, had the person had capacity
Other factors that the patient would be likely to consider if they had capacity
Encouraging the person lacking capacity to take part in the discussion
What are the exceptions to the best interest principles?
If there are advanced decisions to refuse certain medical treatment while they had capacity
Involvement in research
What is the aim of Deprivation of Liberty Safeguards (DoLS)?
Aims to ensure people in care homes and hospitals are looked after in a way that does not inappropriately restrict their freedom
How long does DoLS last for?
Last for 12 months, renewable
What is ensured in DoLS?
Arrangements are in the patient’s best interest
The person has appointed someone to represent them
The person has given legal right of appeal over the arrangements
The arrangements are reviewed and continue for no longer than necessary
When does deprivation of liberty occur?
A person is under continuous supervision and control
Is not free to leave
The person lacks capacity to consent to these arrangements
Give the assessments done in DoLS.
Age assessment No refusals assessment Mental capacity assessment Mental health assessment Eligibility assessment Best interests assessment
What is a Relevant Person’s Representative?
A person who makes sure decisions are made in the patient’s best interest
