Capacity

Question 1

What age are you able to make legally binding decisions for yourself in Scotland?

Answer 1

Age 16

Question 2

Briefly outline the adults with incapacity act

Answer 2

• A framework for safeguarding the welfare and managing the finances of adults who lack capacity
• aims to protect people who lack capacity to make particular decisions, while also supporting their involvement in making decisions as far as they are able to do so

Question 3

Why might an adult lack capacity?

Answer 3

• mental illness
• learning disability
• inability to communicate

Question 4

what is the legal definition of incapacity?

Answer 4

the inability of an adult (16 or older) to enter legally binding contracts

Question 5

AMCUR

What is meant by the term having incapacity?

Answer 5

being incapable of
- acting
- making a decision
- communicating decision
- understanding decision
- retaining memory of decision

Question 6

What is a proxy?

Answer 6

A suitable adult substitute decision maker for someone without capacity

Question 7

True or false: a welfare power of attorney can consent for dental treatment

Answer 7

TRUE

Question 8

Briefly outline power of attorney

Answer 8

• granted while a patient who has capacity for someone to act on their behalf should the need arise
• no expiry date
• can be more than one person
• often trusted family member or friend

Question 9

What is a continuing (financial) power of attorney?

Answer 9

• only covers financial affairs and property
• cannot consent to dental treatment

Question 10

Briefly outline guardianship orders

Answer 10

• court appointed person to make designs on behalf of adult with incapacity
• appointed by Sheriff after adult has lost capacity
• requires 2 medical reports
• usually appointed for 3 years

Question 11

give a common example of when a guardianship order would be used

Answer 11

Parents of a child with a learning disability may need to apply for guardianship after turning 16

Question 12

Who can consent for dental treatment?

Answer 12

• patients with capacity
• welfare power of attorney
• welfare guardians
• medical and dental practitioners under section 47 of adults with incapacity act (requires a short course before being able to do this as a dentist)

Question 13

Who can issue certificates of incapacity?

Answer 13

• medical practitioner
• consultant
• • dental practitioners
• • registered nurses
• *optometrists