capacity and consent Flashcards
what are the 5 criteria for assessing capacity
-understand information given
-weigh risks and benefits of the specific decision
-communicate their decision
-retain the decision that they have made and communicated
-apply that decision or be aware of how this may be applied
how many of the criteria need to be met for a patient to have capacity
ALL FIVE
what do you do in an emergency
act in the individuals best interests to preserve life
-focus on beneficence and non-maleficence
what is the adults with incapacity act
-the intervention must benefit the adult
-this benefit cannot reasonably be obtained without the intervention
-takes account of the adults previously or currently expressed wishes
-consults with relevant persons
-the adults should be encourages to utilise residual capacity
power of attorney
-an individual nominates often a family member or close friend to act in their best interest
-must be granted while the person retains capacity
what powers does the power of attorney have
-health and social care decisions
-financial decisions
-a combination of the above
what is guardianship
can be applied for by family, friends or local authority on behalf of an adult who has already lost capacity
-required assessments carried out by two medical professionals and a mental health officer
-guranateed by the sheriff court
can guardianship be used to place an adult in hospital or treatment against their will
no
what is mental health act
provides a legal framework for the treatment of mental disorder or the consequences of mental disorder in a person who lacks capacity to give consent
what is an EDC
emergency detention certificate
what are the criteria for an EDC
-likely to have a mental disorder
-significantly impaired decision making ability regarding treatment because of mental disorder
-detention in hospital is necessary as a matter of urgency
-risk to health, safety or welfare of the individual or safety of others
-seeking short term detention certificate would result in undesirable delay
what is an STDC
short term detention certificate
what is a CTO
compulsory treatment order
what are advanced statements
-write up by individuals while well and able to make capacitous decisions
-outlines a persons wishes and beliefs about treatment they may need in future
-mental or physical care