Adults with Incapacity Act Questions Flashcards
Who does the Act apply to?
the Act applies to any adult (over the age of 16) who lacks the capacity to make some or all decisions for themselves. The Act also covers those unable to communicate their decisions because of their physical disability.
What are the 5 key principles under the Act?
- be of BENEFIT to the adult
- be the least RESTRICTIVE option for them
- take the persons past and present wishes into account
- take the views of other relevant people into account
- encourage the person to exercise their skills and develop new skills
What is the meaning of power of attorney?
this is granted by the adult whilst they have capacity to chose who they wish to act on their behalf, SHOULD THE NEED ARISE
An adult lacks legal capacity to make a particular decision when there is evidence that they are unable to: (5)
- UNDERSTAND THE INFO RELEVANT TO THE DECISION
- MAKE A DECISION BASED ON THE INFO GIVE
- ACT ON THE DECISION
- COMMUNICATE THE DECISION
- RETAIN THE MEMORY OF THE DECISION
What are the 6 duties and responsibilities of interveners/guardians?
- REMEMBER THE KEY PRINCIPLES
- DUTY OF CARE - neglect or abuse of any kind can be treated as a criminal offence
- POSITION OF TRUST - you are in a position of trust with respect to matters covered by your powers and must not abuse your position in any way
- DUTY TO KEEP ACCOUNTS AND RECORDS
- DUTY OF CONFIDENTIALITY
- DUTY TO INFORM THE OFFICE OF THE PUBLIC GUARDIAN (OPG) OF ANY CHANGE IN CIRCUMSTANCES
What is the overall purpose of the Adults with incapacity act?
it provides ways to help safeguard the welfare and finances of people who lack capacity to make decisions for themselves.
allows for simple, everyday decisions to be made without formal authority
What does VALID consent involve? (3)
- informed
- given freely
- CAPABLE PATIENT
What does INCAPACITY mean? - KNOW THIS WELL
In the Act, incapable means incapable of:
ACTING
MAKING A DECISION
COMMUNICATING A DECISION
UNDERSTANDING A DECISION
RETAINING MEMORY OF THE DECISION
AMCUR - how to test for capacity in a patient
this is in relation to any particular matter due to mental disorder or an inability to communicate
How do you check that the patient has understood and has the capacity to consent?
- open questions
- ‘chunk and check’ - breaking down the information that you want to discuss, and that you need the person to understand into smaller more manageable chunks rather than providing it all at once.
- ‘teach back’ - a way of checking understanding by asking patients to state IN THEIR OWN WORDS what you have explained to them showing your understanding.
- NOT asking - ‘do you understand?’ or ‘ can you repeat it back to me?’
What are 3 main points to remember when checking a patients understanding?
- AVOID assumptions
- allow time
- document patient’s understanding
What is involved if a patient lacks capacity to consent to dental treatment?
the Adults with Incapacity Act is involved/applies to the patient
What are the 5 key principles (section 47) of the adults with incapacity act? - this is if a person lacks capacity to consent
- BENEFIT
- LEAST restrictive of freedom
- The person’s past and present WISHES should be taken into account
- CONSULT relevant others
- encourage RESIDUAL capacity
What does the term ‘ proxy mean?
Used for someone who has been authorised to act on behalf of an adult with incapacity
What are powers of attorney? (6)
- Granted by the adult whilst they have capacity
- finance, welfare, both
- must issue section 47 certificate
- check whats granted
- registered with office of public guardian
- IN WRITING NEEDED
What are the 3 types of Power of Attorney?(type of proxy)
Welfare
Property
Finance
Joint or Combined
