Capacity & Consent Flashcards
1
Q
MCA
A
Mental Capacity Act 2005
2
Q
S.1 MCA
A
Presumption of capacity
3
Q
S.2 (1) MCA
A
(1) Diagnostic Test “impairment of functioning in the mind or brain”
4
Q
S.2(2) MCA
A
(2) functional test ‘inability to make decision due to impairment
5
Q
S.3 MCA
A
Assessment > unable to make decision if unable to understand, Retain, weigh up or communicate information
6
Q
S.4 MCA
A
Best Interests
7
Q
S.5 MCA
A
Escape from liability where person established lack of capacity and acted in BI
8
Q
S.6 MCA
A
Restrictions and deprivation of liberty
9
Q
Schloendorff v New York
A
‘Everyone of adult years and sound mind has the right to determine what shall be done with his own body’
10
Q
3 key elements to consent
A
Voluntary
Capacity
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