Capacity and consent

Question 1

What is consent?

Answer 1

permission for something to happen or agreement to do something

Question 2

What are the characteristics of valid consent?

Answer 2

• Given freely without duress or coercion
• Legally capable of consenting
• Cover the intervention/procedure
• Informed
• Enduring

Question 3

What is capacity?

Answer 3

The ability to make a decision

Question 4

What is required for someone to have capacity?

Answer 4

Understand and retain relevant information
Use and weight that information to make a decision
Communicate that decision

Question 5

What are the principles of the Adults with incapacity (AWI) Act Scotland (2000)

Answer 5

Intervention must benefit the adult
Benefit cannot be achieved without he intervention
Consent with other relevant persons
Encourage the adult to use residual capacity

Question 6

What is allowed under an AWI section 47 certificate?

Answer 6

Authorises the practitioner to provide reasonable interventions related to the treatment authorised

Does not authorise force unless immediately necessary and only for as long as possible

Does not specifically authorise transport to a place of treatment

Question 7

What is a lasting power of attorney?

Answer 7

A person that the patient chooses to act as their continuing financial or welfare attorney in case capacity is lost at some point

Question 8

What is guardianship

Answer 8

This is a person who takes control of a persons care and makes specific decisions on their long-term care

This is granted by the sheriff