AC - Legal Issues/Capacity Flashcards
How does decision & time related to capacity?
Capacity is decision specific - may have capacity in one area/decision but not in another
Capacity is not static - it may change with time
What are the principles of assessing capacity?
Do they understand the decision that needs to be made & what the options available are?
Can they retain information?
Can they weigh up the evidence to make a decision relevant to them?
Can they make a decision consistent with their personal values and beliefs?
Are they able to communicate?
What are the types of POA? What is the most important criteria required to appoint one?
General POA
Enduring POA
Need capacity in order to appoint a POA
What is a general POA?
Person appointed to make FINANCIAL decisions only
They are appointed for a specific role for a specific time
No longer applies if the person appointing it loses capacity
What is an enduring POA?
Person appointed to make FINANCIAL AND/OR PERSONAL decisions for the patient - person decides which areas or if both areas
Applies even if LOSE CAPACITY
Financial POA only decisions about finances & estate
Personal POA - decisions about lifestyle, personal matters including medical - can only consent, not refuse medication Rx (unless specifically appointed as an enduring medical agent)
What is an administrator & guardian?
People appointed by VCAT to make decisions for a person deemed not to have capacity
Can be a person known the patient or a public advocate
Administrator can only make FINANCIAL decisions
Guardian can make PERSONAL AND/OR FINANCIAL decisions - includes ability to consent to medical Rx and refuse (can refuse if given medical decision powers by VCAT)
What is the hierarchy for medical consent?
- Enduring power of attorney
- Guardian apt by VCAT
- Spouse/de facto
- Primary carer (unpaid)
- Nearest family member >18 yo
Who can REFUSE medical Rx?
Medical agent appointed under enduring POA
Guardian granted medical decision making powers by VCAT
