Capacity Flashcards
What is the Adults with Incapacity (Scotland) Act 2000
A 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 Legal Definition of Incapacity?
Inability of an adult to enter into legally binding contracts
An adult with a condition, to the extent that they cannot understand what a decision involves or make a true choice
When assessing capacity what does an individual have to be incapable of? (AMCUR)
Acting
Making a Decision
Communicating Decisions
Understanding Decisions
Retaining the Memory of Decisions
What are the 5 key principles of the AWI (2000) Act?
- Benefit
- Minimum necessary intervention
- Take into account the wishes of the adult
- Consultation with relevant others
- Encourage the adult to exercise ‘residual capacity’
In terms of the 5 key principles of the AWI Act, what is meant by Benefit?
Any action or decisions taken must benefit the adult and only be taken when that benefit cannot reasonable be achieved without it
Any treatment must benefit the patient
Without treatment that benefit would not be possible
Any intervention must improve or enhance their life
In terms of the 5 key principles of the AWI Act, what is meant by Minimum Necessary Intervention?
Any action or decision taken should be the minimum necessary to achieve the purpose
It should be the option that restricts the person’s freedom as little as possible
We must always seek to avoid the most invasive treatments, when simpler alternatives are available and likely to be successful
Minimum intervention would be discrimination by not offering all treatment
In terms of the 5 key principles of the AWI Act, what is meant by Take Account the Wishes of the Adult?
Past and present wishes
We must try to find out what the patient previously (or currently) wanted regarding their dental treatment
Are there relatives or close friends who can help us find out?
Ask the patient
Is their mouth heavily restored- does this show previous investment in dental treatment?
In terms of the 5 key principles of the AWI Act, what is meant by Consultation with Relevant Others?
The patient’s family, friends, guardian, attorney or other people of relevance are likely to know the person much better
Relevant others should be consulted with regard to what they think that the patient would have wanted
In terms of the 5 key principles of the AWI Act, what is meant by Encourage Residual Capacity?
We must identify is there are any decisions which the patient can make for themselves
In far as it is reasonable or practicable to do so, encourage the adult to exercise whatever skills he or she has
What is a Proxy?
A suitable adult substitute decision maker for someone without capacity
What Power of Attorney can consent to dental treatment?
Welfare Power of Attorney
Combined Power of Attorney
What Guardianship Order can consent to dental treatment?
Welfare Guardian
What Power of Attorney cannot consent to dental treatment?
Continuing Power of Attorney
What Guardianship Order cannot consent to dental treatment?
Financial Guardian
What is a Power of Attorney?
What are the 3 types?
These are granted while a patient has capacity for someone to act on their behalf should the need arise
Powers are dormant until demonstrated that they are needed
Can be more than one person
3 types:
Welfare Power of Attorney
Combined Power of Attorney
Continuing (financial) Power of Attorney
