Capacity and Consent Flashcards
what is capacity?
the ability to make a decision
what three things must a person be able to do to have capacity?
understand and retain information
use and weight that information to make a decision
communicate that decision
what should be done in a medical emergency when it comes to capacity?
deal with the situation first and the legal aspects after
what two acts provide a framework for those without capacity?
adults with incapacity act
mental health act
what three things are found in the AWIA?
section 47
power of attorney
guardianship
what does a s47 certificate authorise?
the practitioner to provide reasonable interventions related to the authorised treatment
does a s47 certificate authorise force?
no
unless immediately necessary and only for as long as needed
when should s47 be used?
to authorise treatment of a physical disorder in someone without capacity to consent to the treatment
when is power of attorney granted?
whilst a patient still has capacity
what are the two types of guardianship?
welfare
financial
when is a guardianship applied for?
when a person requires someone to make decisions on their behalf in the long term
what does the mental health act allow?
treatment of a mental disorder/physical consequences of one in someone without capacity
what is section 36 of the MHA?
an emergency detention certificate
what are the five criteria for an emergency detention under the MHA?
likely mental health disorder significant impaired decision making detention in hospital needed risk to themselves or others s44 would involve delay
what is s44 of the MHA?
short term detention certificate
