Adults with incapacity Flashcards
What is the AWI act
it is a framework for safeguarding the welfare and managing the finances of adults who lack capacity due to mental illness, learning disability or a related condition or an inability to communicate
Who does the act protect
the act aims to protect people who lack capacity to make particular decisions but also to support their involvement in making decisions about their own lives as far as they are able to
Why is capacity important
it is key for autonomy
adults have right to refuse treatment
What does incapacity mean
refers to adults
inability to enter legally binding contracts
What is someone with incapacity incapable to do
act make decisions communicate decisions understand decisions retain memory of decisions
How do we aid communication
find out how the patient communicates
check if they re wearing normal aids
ensure a quiet well lit environment
allow adequate time
To demonstrate capacity what should the individual be able to do
understand in simple language what tx is, its purpose and nature and why it is being proposed
understand its principle benefits, risks and alternatives
understand in broad terms what will be the consequence of not receiving the proposed tx
retain info long enough to use it and weigh it in the balance in order to arrive at a decision
When assessing capacity what should you seek to determine
if they’re able of making and communicating a choice
understand the nature of what is being asked and why
has memory ability to allow them to retain info you have given them
is aware of alternatives
is aware of risks, benefits involved
is aware of personal relevance to them
is aware of there right and how to refuse tx
has every previously expressed a view or opinion on the subject
is not under the influence form u or anyone else
What are the 5 principles of the AWI
benefit
minimum necessary intervention
take into account wishes of adult
consultation with relevant others
encourage the adult toe exercise residual capacity
What is meant by benefit
any tx must benefit px
without tx benefit would not be possible
any intervention must improve or enhance life
What is meant by minimum necessary intervention
tx shall be the last restrictive option in relation to the freedom of the adult
we must always seek to avoid the most invasive tx when simpler alternatives and likely to be successful
doesn’t refer to the simplest or least complex solution
Who are the relevant others that we may consult with
we may not know the px that well
the px has family and friends who more likely know the person better
should be consulted with regard to what they think the px would have wanted
Who do we consult
nearest relative and primary carers of adult
any guardian, continuing attorney, welfare attorney of the adult who has powers relating to the proposed intervention
any person whom the sheriff decides
any person appearing to the person responsible for authorizing or effecting the intervention to have an interest in the welfare of the adult or in the proposed intervention
How do we encourage residual capacity
must identify if there are any decisions px can make themselves
What are the two types of powers of attorney
continuing
welfare
