Capacity and Consent Flashcards
What is valid consent
Consent given freely without duress or coercion
Legally capable of consenting
Cover the intervention/procedure
Informed
Enduring
things to consider when obtaining consent
What the treatment consists of
The main beneficial effects
Risks and unwanted side effects
what is capacity
The ability to make a decision
what must a patient be able to do to have capacity
Understand and retain relevant information
Use and weight that information to make a decision
Communicate that decision
what must the patient be incapable of for the adults with incapacity act
Acting or making decisions or communicating decisions or understanding decisions or Retaining the memory of decisions
by reason of mental health disorder or inability to communicate due to physical disability
what is the understanding needed to consent to a treatment
What the intervention is, its nature and purpose and why its being proposed
Main benefits, risks, alternatives
Consequences of not receiving treatment
What are the principles of the adults with incapacity act
Intervention must benefit the adult
Such benefit cannot reasonably be achieved without the intervention
Take account of past and present wishes
Consult with other relevant persons
Encourage the adult to use residual capacity
What is a adults with incapacity section 47 certificate
authorises practitioner to provide reasonable interventions related to the treatment authorised
Dose not authorise force unless immediately necessary
does not authorise transport of adult to place of treatment
what is a section 47 certificate used for
Authorisation of treatment for a physical disorder in someone without capacity to consent to the treatment
What is a power of attorney
Person appointed while still having capacity
Act as continuing financial (and/or) welfare attorney
In case capacity is lost at some point in the future
can be one or more persons
what is guardianship
Someone makes specific decisions on their behalf over the long term
granted by sheriff
can be welfare and/or financial
at what age are children presumed to have capacity to make decisions about treatment and care
16
how can you determine if a child younger than 16 has capacity to consent
Ability to make decisions based on understanding and weighing up the options
understand nature, purpose and possible consequences of treatment
understand consequences of not having treatment
understand, retain, use and weight this information and communicate their decision
encourage parental involvement
who to ask for consent if child lacks capacity
Ask one parent - if parents disagree seek legal advice
when should the mental health act be used instead of parental consent
Use of force
Use of intramuscular medication
Certain treatments -nasogastric feeding, ECT
Detrimental impact on relationship with parents/carer
