Capacity and consent Flashcards
What is consent?
Giving permission for something to happen.
What is capacity?
The ability to make a decision
What 3 factors are required for someone to have capacity
- Ability to understand and retain information (recall info)
- Ability to use and weigh up information to make a decision
- Ability to communicate decision
Assume capacity if the patient is age ___ or over
16
Can someone under 16 consent?
Yes
- if they have the capacity to do so in the opinion of a qualified medical practitioner
It is possible to have capacity for one decision but not another. True or false?
True
Adults with incapacity act (AWIA) - what does it do ?
Used to treat a person who has a mental disorder for their physical illness
What are the 5 principles with AWIA
- Whatever you do must benefit the patient
- Such benefit cannot be reasonably achieved without the intervention
- Take account of past and present wishes
- Consult with other relevant person
- Encourage the adult to use residual capacity
- what can we do (e.g. via different communication means) to make them participate more?
What is power of attorney?
Appoint someone to look after your welfare/finances when you are unable to do this for yourself
To appoint a power of attorney the patient must have capacity.
True
A patient can’t appoint a power of attorney if the patient lacks capacity. True or false?
True
What is guardianship? and when is it used?
When the patient does not have the capacity to appoint a power of attorney, go to the sheriff court and get a guardianship
What colour is the section 47 certificate of incapacity?
Yellow form
When can you fill out a section 47 certificate of incapacity?
FY2 and above
What is the section 47 certificate of incapacity used for?
Used to authorise treatment of a physical disorder in someone without capacity to consent to that treatment
Steps to take before filling out section 47 certificate of incapacity?
- Talk to patient and assess capacity
- Document findings
- Fill out form
Mental health act - what is it?
Allows for treatment of mental disorder in someone without capacity to consent for treatment
Mental health act - who does it apply to?
A person who has a mental disorder
- any mental illness
- personality disorder
- learning disability
Nurses holding power
Hold the patient for up to 4 hours for the psychiatrist to come
Mental health act - emergency detention - how long does it last
Maximum 72 hours
Mental health act - emergency detention - who must sign it
Registered medical practitioner
+/- consent of a mental health officer
Mental health act - emergency detention - when is it used?
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
Mental health act - emergency detention. Is there a right of appeal?
No
Mental health act - short term detention - how long does it last?
Max 28 days
Mental health act - short term detention - who applies it
Approved medical practitioner + mental health officer consent
Mental health act - short term detention - when is it used?
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
Mental health act - compulsory treatment disorder - who applies it
Mental health officer + 2 medical reports
Mental health act - compulsory treatment disorder - how long does it last?
Up to 6 months
