capacity and consent Flashcards
what 3 things must a patient be able to do to have capacity
understand and retain relevant information
use the information to weigh up choices
communicate their decision
what 3 things must a patient understand before being able to consent to an intervention
what the intervention is, its nature, purpose and why it has been proposed
benefits/risks/alternatives
consequences of not receiving intervention
principles of Adults with Incapacity (Scotland) Act 2000
intervention must benefit the adult
benefit will not be achieved without intervention
past and present wishes taken into account
consult with relevant people
encourage adult to use residual capacity
3 types of power of attorney
financial
welfare
property
what is guardianship
if lost capacity
what is section 47 of adults and what is it used for
adults with incapacity
treat a physical disorder in someone without capacity to consent
what does mental health (care and treatment) (Scotland) act 2003 allow
allows for treatment of mental disorder in someone without capacity to consent (if actively resisting treatment)
what section is emergency detention certificate and what is it used for
s36 (lasts up to 72 hours) likely to have mental disorder impaired ability to make decisions detention matter of urgency risk to health/safety/welfare arrangements of short stay would cause unneeded delay
what section is short term detention certificate and how long does it last
s44 (lasts 28 days) likely to have mental disorder impaired decision making detention necessary for treatment risk to health/safety/welfare cannot be treated voluntarily
age of capacity in Scotland
16 (can treat if capacity when younger)
minimum age of consent
12
what is used if needed to keep in for up to 6 months
CTO
