Capacity Flashcards
What is consent?
Means a person gives permission before they receive any type of medical treatment, test or examination.
When is consent valid?
Must be voluntary and informed, and the person consenting must have capacity to make the decision.
When is consent not needed? (5)
Emergency treatment to save their life but they’re unconscious.
With a severe mental health condition, such as schizophrenia, bipolar disorder or dementia lacks the capacity to consent to the treatment of their mental health under the Mental Health Capacity Act 1983.
Needs hospital treatment for severe mental health condition, but self-harmed or attempted suicide while competent and is refusing treatment.
Is a risk to public health as a result of rabies, cholera or TB.
Is severely ill and living in unhygienic cognitions under the National Assistance Act 1948
What are examples of how a person’s capacity may be impaired?
Mental health conditions
Dementia
Severe learning disabilities
Brain damage - eg. Stroke
Physical and mental conditions that cause confusion, drowsiness or loss of consciousness
Intoxication caused by drugs or alcohol misuse
When is someone with impairment thought to be unable to make a decision?
If they cannot understand information about the decision
Can’t remember that information
Can’t use that information to make a decision
Can’t communicate their decision by talking, using sign language or any other means
When can a person’s capacity be temporarily affected?
Shock
Panic
Extreme tiredness (fatigue)
Medication
What does the HCPC Standards of Conduct, Performance and Ethics state about gaining consent?
You must make sure that you have consent from service users or other appropriate authority before you provide care, treatment or other services.
What does the NHS Constitution state about consent?
You have the right to accept or refuse treatment that is offered to you, and not to be given any physical examination or treatment unless you have given valid consent. If you do not have the capacity to do so, consent must be obtained from a person legally able to act on your behalf, or the treatment must be in your best interest.
What does the Mental Capacity Act 2005 do?
It is designed to protect and empower people who may lack mental capacity to make their own decisions about their care and treatment
Who does the Mental Capacity Act 2005 apply to?
Applies to people aged 16 and over
What decisions does the MCA cover?
Day-to-day things like what to wear or what to buy for the weekly shop, or serious life-changing decisions like whether to move into a care home or have major surgery.
What does the MCA say about Capacity when assessing a patient? (5)
Assume a person has the capacity to make a decision themselves unless it’s proved otherwise.
Wherever possible, encourage person to make own decisions
Don’t treat person as lacking capacity to also a decision just because they make an unwise decision
If you make a decision for someone who doesn’t have capacity, it must be in their best interests.
Treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms.
How do you help patients make decisions?
Does the person have all the relevant information they need?
Have they been given information on any alternatives?
What is Power of Lasting Attorney? (LPA)
A legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help make decisions or to make decisions on your behalf.
It gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’)
What are the two type of Lasting Power of Attorney (LPA)?
Health and Welfare
Property and Financial Affairs
