Adults with Incapacity Flashcards
Who has capacity?
Everyone aged 16 and over should be assumed to have capacity until proven otherwise
What legislation safeguards the welfare and finances of adults who lack capacity?
The Adults with Incapacity Act (Scotland) 2000
What is the aim of the AWI Act Scotland 2000?
To safeguard the welfare and manage the finances of adults who lack capacity
Define incapacity
The inability of an adult (>16 years old) to enter into legally binding contracts
What are the 5 factors used to assess capacity?
Acting
Making decisions
Communicating decisions
Understanding decisions
Retaining memory of the decision
AMCUR
If a person cannot speak do they lack capacity?
NO they do not
The preferred method of communication for the patient should be identified and used
What are the principles of the AWI Act?
- Benefit the patient
- Minimum necessary intervention (least invasive treatment option)
- Take into account the patients wishes (past wishes and current)
- Consult relevant others (family, POA, guardians)
- Encourage the adult to exercise residual capacity (make decisions as much as they are able to)
What is a Power of Attorney
A person who is nominated while an individual still has capacity who is legally appointed to make decisions on their behalf when the individual loses capacity
What are the 3 types of Power of Attorney and what can they consent to?
- Continuing Power of Attorney - consent to financial affairs and property
- Welfare Power of Attorney - Only effective when adult loses capacity but must take into account the wishes of the adult. Consents to healthcare and dental treatments
- Combined Power of Attorney - consent to financial and welfare decisions
What is a welfare guardian?
A person legally appointed by the courts to make decisions on behalf of the person who lacks capacity
What are the types of Guardianships and can they consent to dental treatment?
- Welfare Guardian - can consent to dental treatment
- Financial Guardian - CANNOT consent to dental treatment
Who can consent to dental treatment?
- Patients with capacity
- Welfare power of attorney
- Welfare guardian
- Medical and Dental Practitioners under section 47 of the AWI Act
When can treatment be carried out without consent?
If the treatment is necessary to preserve life or prevent serious deterioration
Who can issue Section 47 Incapacity certificates
- Medical practitioners
- Consultants in charge of patients care
- Dental practitioners *
- Registered nurses *
- Optometrist *
*-must do a training course first and is only valid for their area of specialty
