Capacity Flashcards
In Scottish law, what age must you be to make legally binding decisions about yourself?
16
What is the Adult’s with Incapacity Act 2000?
Safeguards the welfare and manages the finances of adults who lack capacity due to mental illness, learning disability or a related condition, or an inability to communicate.
Aims to protect people who lack capacity to make particular decisions, but also to support their involvement in making decision about their own lives, as far as they are able to do so.
Appoints someone else to make the decision for the incapable adult.
What is incapacity?
Inability of an adult to enter into a legally binding contract.
You must always assume capacity until proven otherwise.
How do you determine if someone has incapacity?
AMCUR
Act
Make decisions
Communication decision
Understand the decision
Remember the decision
How do you check if someone has capacity?
Keep language appropriate
Chunk and check
Assess retention- ask the patient at another appointment
Seek advice when needed
What is residual capacity?
Someone might have capacity for some things but when it starts to get more complex, they don’t have capacity.
Someone might be able to consent to simple restorations but if it gets more complicated then they can’t.
What are the five principles of the AWI act?
Benefit
Minimum necessary intervention
Take account the wishes of the adult
Consultation of relevant others
Encourage the adult to exercise residual capacity
What is the Power of Attorney?
Granted while the patient still has capacity and opts for someone to act on their behalf if they should ever lose capacity.
- powers are dormant until demonstrated that they are required.
No expiry date.
Done by a lawyer and doesn’t need to go through the courts.
What types of PoA exist?
Continuing power of attorney= only covers financial affairs and property.
Welfare power of attorney- dental treatment
Combine power of attorney- financial and welfare.
- can consent for dental treatment.
What are guardianship orders?
Court appointed person to make decision on behalf of an adult with incapacity.
Appointed by the sheriff once the person has already lost capacity.
Usually appointed for 3 years.
What type of guardians exist?
Welfare guardian- can consent to dental treatment
Financial Guardian- cannot consent o dental treatment
If you have deemed a patient to not have capacity, what must you do?
Fill in an incapacity certificate.
Who can issue a certificate of incapacity?
GMP
Consultant in charge of patients care
GDP
Registered nurses
Optometrists
- if they have done special training.
As a GDP, who would assess capacity and sign the AWI certificate?
GMP
In an emergency situation, if the patient didn’t have capacity, what would you do?
Deem no capacity
Sign incapacity certificate for the treatment given
Observe the principles of the AWI act
Medical treatment can be given for patients who cannot consent in an emergency
