Capacity and Consent

Question 1

what is consent?

Answer 1

permission for something to happen or agreement to do something

Question 2

what is needed to consent to an intervention?

Answer 2

understanding of

• what the intervention is, its nature and purpose and why its being proposed
• main benefits/risks/alternatives
• consequences of not receiving information

Question 3

principles of the adults with incapacity act?

Answer 3

intervention must enenfit adult
such benefit cannot be reasonably achieved without the intervention
take account of past and present wishes
consult with other relevant
encourages the adult to use residual capacity

Question 4

what is guardianship?

Answer 4

people with special legal powers to make some decisions on behalf of a person with a mental disorder
powers
- decide where the person lives
- require the person to attend medical appointments, work, education or training
- demand that doctor/health professional is able to visit the person at their home

Question 5

can a guardian consent to medical treatment?

Answer 5

cannot place adult in hospital for treatment of mental disorder against their will

Question 6

when is a young person presumed to have capacity?

Answer 6

16

some younger children can have capacity depending on competency of the child

Question 7

consent in child who lacks capacity?

Answer 7

ask one parent

if both parents disagree, seek legal help

Question 8

mental health act vs parental consent?

Answer 8

no lower age limit for mental health act
more safeguards in MHA
consider MHA in following cases
- using force
- medication IM
- certain treatment (ECT, feeding etc)
- detrimental effect on relationship with child/parent