Adults with Incapacity Flashcards
at what age in scotland can you make legally binding decisions for yourself
16
what part of the adults with incapacity act (2000) applies to dental treatment
part 5
what is the definition of incapacity
inability of an adult to enter into legally binding contracts
what are five aspects to assessment of capacity
presume capacity
capacity may fluctuate
residual capacity
capacity is not ‘all or nothing’
what are four important aspects when you are consenting anyone
keep language appropriate
break up information into trunks
ask them to explain to you what was discussed
assess retention
what are examples of mental illnesses that might cause a person to not have capacity
mental illness, learning disability, dementia, acquired brain injury, ASD
what are examples of physical disorders that can cause a person to not have capacity
locked in syndrome, unconscious following an accident
what are the 5 key aspects of being incapable of
acting
making a decision
communicating decision
understanding decision
retaining the memory of decision
what five key principles underpin the adults with incapacity act
benefit
minimum necessary intervention
take account of the wishes of the adult
consultation with relevant others
encourage the adult to exercise residual capacity
what are the three aspects of benefit
any treatment must benefit the patient
without treatment that benefit would not be possible
any intervention must improve or enhance their life
how should each action and decision be taken to achieve the purpose of treatment
minimum necessary
how can you find what the patient might have previously wanted
relatives/ close friends
look for patient passport or care home notes
is their mouth heavily restored
what is a proxy
a suitable adult substitute decision maker for someone without capacity
what are the three types of power of attorney
continuing power of attorney
welfare power of attorney
combined power of attorney
what are the two types of guardianship owners
welfare guardian
financial guardian