Capacity and Consent

Question 1

What is consent?

Answer 1

Permission for something to happen/agreement to do something

Question 2

What is capacity?

Answer 2

The ability to make a decision

Question 3

A person may have capacity for one decision by not another

Answer 3

TRUE

Question 4

Capacity is ________ specific

Answer 4

DECISION

Question 5

To have capacity, what must a person be able to do?

Answer 5

1 – Understand and retain (for long enough to make decision) relevant information.

2 – Use and weigh that information to make a decision.

3 – Communicate that decision

Question 6

What understanding is needed to consent to an intervention?

Answer 6

1 – what the intervention is, its nature and purpose and why it is being proposed.

2 – main benefits/risks/alternatives.

3 – consequences of not receiving intervention

Question 7

Capacity should be _______ until proven otherwise

Answer 7

ASSUMED

Question 8

In a medical emergency…..

Answer 8

Deal with the situation then deal with the legal paperwork

Question 9

Outline the Principles of the Adults with Incapacity (Scotland) Act 2000

Answer 9

1) Intervention must benefit the adult
2) Such benefit cannot reasonably be achieved without the intervention
3) Take account of past and present wishes
4) Consult with other relevant persons
5) Encourage the adult to use residual capacity

Question 10

What are the 3 things you should know about in the Adults with Incapacity Act?

Answer 10

1. Power of attorney
   2 Guardianship
2. Section 47 certificate of incapacity

Question 11

What is power of attorney?

Answer 11

Appoint at any time, either financial or welfare decisions

Question 12

What is guardianship?

Answer 12

Applied for by another person once person has lost capacity to make financial or welfare decisions; granted by court, more sway than PofA

Question 13

What should you use for AWI section 47 to authorise?

Answer 13

Treatment of a physical or mental disorder in someone without capacity to consent to that tx.

Question 14

When should you assume capacity?

Answer 14

If aged over 16

Question 15

Can an under-16 consent to medical treatment on their own behalf?

Answer 15

Yes, if they have capacity to do so in the opinion of a qualified medical practitioner attending them.

Question 16

What does the Mental Health Care and Treatment Act Scotland 2003 allow for?

Answer 16

Treatment of mental disorder or physical consequences of mental disorder in someone without capacity to consent to treatment.

Question 17

If someone is actively resisting treatment for a mental disorder . . .

Answer 17

Use MHA rather than AWI as they get more protection.

Question 18

Outline the criteria for short term detention.

Answer 18

1. Likely to have a mental disorder
2. Significantly impaired decision-making ability regarding treatment, due to mental disorder
3. Detention in hospital is necessary for assessment or treatment
4. Risk to health, safety or welfare of the person, or safety of others
5. Cannot be treated voluntarily

Question 19

Outline the criteria for emergency detention.

Answer 19

1. Likely to have a mental disorder.
2. Significantly impaired decision-making ability regarding treatment, due to mental disorder (SIDMA)
3. Detention in hospital is necessary as a matter of urgency to determine what treatment is needed
4. Risk to health, safety or welfare of the person, or safety of others
5. Making arrangements for s44 would involve undesirable delay

Question 20

How long does an emergency detention certificate last?

Answer 20

72 hours

Question 21

How long does a short term detention certificate last?

Answer 21

28 days

Question 22

Describe the nurses holding power.

Answer 22

Nurses can keep pt for up to 2h to allow them to be assessed by Dr.