Capacity and Consent Flashcards
What act is important for capacity and consent in Scotland?
Adults with Incapacity Scotland Act 2000
Incapacity should never be presumed in which conditions? (3)
Mental Health
Learning Disabilities
Dementia
Definition of Medical Treatment?
Any procedure or treatment designed to safeguard physical or mental health includes nutrition, hygiene etc
When can a medical practitioner provide treatment in an emergency?
At all times even without consent provided that treatment is necessary to preserve life or to prevent serious deterioration in condition
The Law in Scotland presumes from what age do adults have capacity?
16
Presumption on capacity can only be overturned when?
When there is evidence of impaired capacity
In Scotland the main piece of legislation used to protect the rights of a person who lacks capacity to consent to treatment is?
Part 5 of Adults with Incapacity Scotland Act 2000
Adults with Incapacity Scotland Act 2000 covers what 4 areas?
Welfare
Property
Finances
Medical Treatment
Which act enables people to make own arrangements about how affairs should be managed if lose capacity to make decisions in Scotland?
Adults with Incapacity Scotland Act 2000
Principles of Adults with Incapacity Scotland Act 2000? (5)
Any action taken must benefit the person
Any action must be least restrictive option that will achieve desired effect
Take into account person’s past and present views and preferences
Take views of guardian, relatives etc apperancing to have interest into account
Encourage person to develop and exercise decision making
What can a continuing attorney do?
Manage Finances and Property
What can a welfare attorney do?
Medical Care, Treatment and Personal Care
When does a continuing attorney powers start?
Straight away
when does a welfare attorney powers start?
Once person has been assessed and known they do not have capacity
Where do Power of Attorney get registered?
Office of Public Guardian