Adults With Incapacity Flashcards
what age in scotland can you make legally binding decisions for yourself?
16
why is legal capacity an important matter?
it is crucial for CONSENTING to medical and dental treatment
what is the adults with incapacity (scotland) act 2000?
a framework to safeguard the welfare of adults who lack capacity (due to mental illness, learning disability etc)
the act aims to protect those people who lack capacity but also support their involvement with making decisions where they can
what is the definition of incapacity?
inability of an ADULT to enter legally binding contracts
adult = 16+
if a person with incapacity makes a decision - it has no legal effect
what are factors for assessing capacity?
- presume everyone has capacity
- capacity may fluctuate
- record your assessment
- gather evidence from range of sources and listen carefully to the patient
adults DONT simply have impaired capacity because they…
- are in care
- have a mental health condition
- difficulties with speech or writing
- addiction issues
- physical disability
- prison
- disagree with you
- are not behaving rationally
what are the type of patients LIKELY to not have capacity?
patients with:
- mental disorders (mental illness, learning disability, dementia, autism… etc)
- if a person cannot communicate due to a physical disorder even with assistance
incapacity involves being INCAPABLE of? (5 things = AMCUR)
- Acting
- Making a decision
- Communicating decision
- Understanding decision
- Retaining the memory of decision
what is a proxy in terms of a patient with incapacity?
a suitable adult substitute decision maker for someone without capacity
what is a power of attorney and what are the types of them?
Granted for a patient so someone can act on their behalf should the need arise
- Continuing (Financial) power of attorney (financial matters)
- Welfare power of attorney (pt welfare)
- Combined power of attorney (pt welfare AND financial matters)
