Capacity

Question 1

What are the principles of the mental capacity act? (5)

Answer 1

Assumed capacity
All practical steps must be taken to help a person understand and make/communicate decisions, before a lack of capacity is established
those w/ capacity can make unwise decisions
Decisions for those lacking capacity must be done in their best interests
Decisions for those lacking capacity must be the least restrictive option

Question 2

What can cause doubts about capacity?

Answer 2

Behaviour, circumstance, concerns of someone else

Question 3

What must a person be able to do, in order to have capacity to consent?

Answer 3

Understand and retain information
Use info to make a decision
Communicate their decision

Question 4

What can be done in the case of fluctuating capacity?

Answer 4

When the person has capacity, they can make an advanced directive or statement of preferences.

Question 5

Is an advanced directive legally binding?

Answer 5

Often, no. Decisions about treatment are only preferential but may be considered by the person making a best interest decision.
If a specific treatment is refused, and it clearly applies to the circumstances, this is legally binding.

Question 6

What is a lasting power of attorney?

Answer 6

Someone who can make financial, property and medical decisions for you, only if you lack capacity.
Note- there are two different types of LPA; medical and financial