AWI Flashcards

1
Q

What is the AWI act’s official title and function

A

Adults with Incapacity (Scotland) Act 2000

  • framework for safeguarding the welfare/managing the finances of adults that lack capacity
  • protects people that lack capacity to make certain decisions but also support their involvement in making decisions about their own lives as far as they’re able to do so
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2
Q

What 2 things must consent be

A

Legal & Valid

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3
Q

What makes consent valid (3)

A
  • remains current still
  • specific to proposed dental treatment
  • was obtained recently
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4
Q

Principles of legal consent (3)

A
  • ability: to make informed decision
  • informed:enough info to make decision
  • voluntary: patient has made decision
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5
Q

5 principles of Capacity

A
  • to act
  • to make a reasoned decision
  • retain memory of decision
  • to understand a decision
  • to communicate a decision
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6
Q

what are material risks

A

a reasonable person, if warned of these risks, would be likely to attach significance to these.

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7
Q

Consent must be…(6)

A
  • not coerced
  • not manipulated
  • valid
  • voluntary
  • informed
  • with capacity
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8
Q

5 principles of the Adults with Incapacity (scotland) Act 2000

A
  • benefit to the adult
  • minimum intervention
  • takes into consideration past/present wishes of adult
  • consultation with adult and others
  • adult exercise residual capacity
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9
Q

name some ways to asses capacity (what the patient should be able to do)

A
  • capable of making/communicating a choice
  • undestand nature of what is asked/why
  • aware of risks/benefits and alternatives
  • aware of right to refuse treatment
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10
Q

Explain the AWI principle:

1. Benefit

A
  • any treatment must benefit patient
  • without treatment benefit would not happen
  • any intervention must enhance/improve life
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11
Q

Explain AWI principle:

2. Minimum intervention

A

-treatment should be least restrictive option
-avoid invasive treatment where poss
-

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12
Q

Explain AWI principle:

3. Takes into consideration past/present wishes of patient

A

-find out what patiet previously wanted - consult relatives/close friends

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13
Q

Explain AWI principle:

4. Consultation with relevant others

A
  • contact patient’s family/friends

- find out what they think patient would have wanted

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14
Q

Explain AWI principles:

5. Exercise residual capacity

A

-identify decisions that patient can make themselves

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15
Q

what is a welfare power of attorney

  • when does it come into effect
  • what should it take into acccount
  • what does it deal with
A

comes into effect when patient loses capacity but is granted while patient still has capacity

  • registered with office of Public Guardian.
  • HEALTH & PERSONAL WELFARE
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16
Q

what does continuing power of attorney concern

A

-financial/property affairs

17
Q

Guardianship orders

  • who appoints
  • what is required to get one
  • how long are they appointed for
A
  • deals with continued management of welfare/financial matters
  • court appointed
  • 2 medical reports
  • appointed for 3 years
18
Q

Who can consent for dental treatment for an adult patient

A
  • patient with capacity
  • welfare PoA
  • welfare guardian
  • medical/dental professional under section 47 of the AWI (scotland) Act 2000 - general authority to treat
19
Q

with regards to consent/capacity, what happens during an emergency situation

A

The division between cases where treatment is necessary for the preservation of life or to prevent serious deterioration, urgent cases, a necessity to treat

20
Q

who can issue certificates of incapacity

A
  • medical practitioners (GMP)
  • dental practitioners/nurses/optometrists with additional training
  • consultant in charge of patient care
21
Q

English equivalent for the AWI Act

A

Mental Capacity Act (2005)

22
Q

5 Principles of the Mental Capacity Act

A
  1. Person assumed to have capacity unless established doesn’t
  2. Person is not to be treated as unable to make a decision, unless all practible steps taken to help have not been successful
  3. A person is not to be treated as unable to make a decision if makes an unwise decision
  4. An act done or decision made, must be made in the person’s best interest
  5. establish if there is a way to be able to undertake the action in the least restrictive of the person’s right/freedoms.
23
Q

In terms of the Mental Capacity Act, what is a IMCA

A

IMCA: a legal safeguard for people who lack the capacity to make specific important decisions