Capacity Flashcards
at what age can you make legally binding decisions
16
what is the adults with incapacity act
framework for safeguarding the welfare and managing the finances of adults who lack capacity due to mental illness, learning disability or a related condition or an inability to communicate
what is the adults with incapacity act
framework for safeguarding the welfare and managing the finances of adults who lack capacity due to mental illness, learning disability or a related condition or an inability to communicate
what does the adults with incapacity act aim to do
protect people who lack capacity to make particular decisions but also to support their involvement in making decisions about their own lives as far as they are able to do so
when does the adults with incapacity act come into action
where an adult is incapable of making a decision for themselves
why is capacity important
it is the key to autonomy
right to say what happens to your body
what is incapacity
inability of an adult to enter into legally binding contract
how do you assess capacity
AMCUR
when might a person not have capacity
if they have a mental disorder
if they cannot communicate due to physical disorder
when you have incapacity, what are you incapable of doing
acting
making a decision
communicating decision
understanding decision
retaining memory of decision
to demonstrate capacity, what should individuals be able to do
understand in simple language what the treatment is
understand its principle benefits, risks and alternatives
understand in broad terms what will be consequences of not receiving proposed treatment
retain information long enough to arrive at decision
what are the 5 principles of the AWI act if you are making a decision for another person
benefit
minimum necessary intervention
take account of wishes of adult
consultation with relevant others
encourage adult to exercise residual capacity
what does benefit mean in the 5 principles
any treatment must benefit the patient
without treatment benefit would not be possible
any intervention must improve or enhance their life
what does minimum necessary intervention mean
should restrict the persons freedom as little as possible
who should you consult with when making decisions for others
nearest relative and primary carer of adult
any guardian, continuing attorney or welfare attorney
