Capacity and consent

Question 1

What is consent?

Answer 1

Giving permission for something to happen.

Question 2

What is capacity?

Answer 2

The ability to make a decision

Question 3

What 3 factors are required for someone to have capacity

Answer 3

1. Ability to understand and retain information (recall info)
2. Ability to use and weigh up information to make a decision
3. Ability to communicate decision

Question 4

Assume capacity if the patient is age ___ or over

Answer 4

16

Question 5

Can someone under 16 consent?

Answer 5

Yes

- if they have the capacity to do so in the opinion of a qualified medical practitioner

Question 6

It is possible to have capacity for one decision but not another. True or false?

Answer 6

True

Question 7

Adults with incapacity act (AWIA) - what does it do ?

Answer 7

Used to treat a person who has a mental disorder for their physical illness

Question 8

What are the 5 principles with AWIA

Answer 8

1. Whatever you do must benefit the patient
2. Such benefit cannot be reasonably achieved without the intervention
3. Take account of past and present wishes
4. Consult with other relevant person
5. Encourage the adult to use residual capacity
   - what can we do (e.g. via different communication means) to make them participate more?

Question 9

What is power of attorney?

Answer 9

Appoint someone to look after your welfare/finances when you are unable to do this for yourself

Question 10

To appoint a power of attorney the patient must have capacity.

Answer 10

True

Question 11

A patient can’t appoint a power of attorney if the patient lacks capacity. True or false?

Answer 11

True

Question 12

What is guardianship? and when is it used?

Answer 12

When the patient does not have the capacity to appoint a power of attorney, go to the sheriff court and get a guardianship

Question 13

What colour is the section 47 certificate of incapacity?

Answer 13

Yellow form

Question 14

When can you fill out a section 47 certificate of incapacity?

Answer 14

FY2 and above

Question 15

What is the section 47 certificate of incapacity used for?

Answer 15

Used to authorise treatment of a physical disorder in someone without capacity to consent to that treatment

Question 16

Steps to take before filling out section 47 certificate of incapacity?

Answer 16

1. Talk to patient and assess capacity
2. Document findings
3. Fill out form

Question 17

Mental health act - what is it?

Answer 17

Allows for treatment of mental disorder in someone without capacity to consent for treatment

Question 18

Mental health act - who does it apply to?

Answer 18

A person who has a mental disorder

• any mental illness
• personality disorder
• learning disability

Question 19

Nurses holding power

Answer 19

Hold the patient for up to 4 hours for the psychiatrist to come

Question 20

Mental health act - emergency detention - how long does it last

Answer 20

Maximum 72 hours

Question 21

Mental health act - emergency detention - who must sign it

Answer 21

Registered medical practitioner

+/- consent of a mental health officer

Question 22

Mental health act - emergency detention - when is it used?

Answer 22

When necessary as a matter of urgency to detain the patient in hospital to assess mental state.
If the patient would be a significant risk to themselves/others if not detained.
Patient’s ability to make decisions about medical treatment for mental disorder is significantly impaired

Question 23

Mental health act - emergency detention. Is there a right of appeal?

Answer 23

No

Question 24

Mental health act - short term detention - how long does it last?

Answer 24

Max 28 days

Question 25

Mental health act - short term detention - who applies it

Answer 25

Approved medical practitioner + mental health officer consent

Question 26

Mental health act - short term detention - when is it used?

Answer 26

If pts ability to make decisions about treatment is significantly impaired

• if it is necessary to detain pt in hospital to decide which medical treatment should be administered
• if there would be a significant risk to the patient or others if the pt were not detained

Question 27

Mental health act - compulsory treatment disorder - who applies it

Answer 27

Mental health officer + 2 medical reports

Question 28

Mental health act - compulsory treatment disorder - how long does it last?

Answer 28

Up to 6 months