Capacity and consent Flashcards
What is capacity?
Decision making ability - including making a decision which may have a legal consequence for themselves or others
At what age is capacity assumed until proven otherwise?
Age 16+
Must prove incapacity rather than capacity
Who can assess capacity?
any registered medical practitioner
Is capacity disease specific?
no - not all mental illness sufferers lack capacity
What is the BMA’s guidance on capacity and consent to treatment?
- understand in simple language what the treatment is, its purpose and nature and why it is being proposed
- understand its principle benefits, risks and alternatives
- understand in broad terms what will be the consequences of not receiving the proposed treatment
- retain the information long enough to use it and weigh it in the balance in order to arrive at a decision
What is BURP Triple C?
believe understand retain process communicate consistently coercion
In an emergency, a doctor may provide medical treatment necessary to save life or avoid significant deterioration in a patients health without issuing a certificate of incapacity - True or False?
True
Who can act as a proxy decision maker?
Welfare attorney
welfare guardian
person authorised by an intervention order
can only act if the person has lost capacity
Are U12 year olds presumed to have capacity?
no, they are presumed not to have capacity
Are U16 year olds assumed to have capacity?
no but they may have capacity depending on their level of understanding
If a competent child refuses treatment, can a childs parents over rule this?
No
