Balancing autonomy & best interests

Question 1

What are the 3 key conceptions of autonomy?

Answer 1

Principled / moral autonomy (Kant)

First- and second-order desires (Frankfurt)

Relational autonomy

Question 2

Beauchamp and Childress state to analyse which 3 things when considering autonomous action?

Answer 2

Intentionality

Understanding

Without controlling influences that determine the action

Question 3

Which piece of legislation states that “a person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success”?

Answer 3

MCA 2005 S1(3)

Question 4

What are the 3 key conceptions of best interests?

Answer 4

Mental state (happiness)

Desire fulfilment

Objective list

Question 5

What 3 things does MCA 2005 S4(6) say should be taken into account when determining the best interests of a patient?

Answer 5

a) past and present wishes and feelings, in particular any relevant written statement made when they had capacity

b) beliefs and values that would likely influence their decision if they had capacity

c) other factors they would be likely to consider

Question 6

Which piece of legislation states the factors that need to be considered when determining the best interests of a patient?

Answer 6

MCA 2005 S4(6)

Question 7

Safeguarding duties apply to any adult who meets which 3 criteria?

Answer 7

1. Has care and support needs
2. Is at risk of abuse or neglect
3. Is unable to protect themselves because of their care and support needs