Capacity & Consent

Question 1

Principles of Medical Ethics

Answer 1

BENEFICIENCE -doing good
NON-MALEFIENCE-to do no harm
AUTONOMY- patient freedom to choose freely
JUSTICE (ensuring fairness considering consequences for an action)

Question 2

What is Capacity??

Answer 2

The ability to understand information and use it to make a decision and communicate the decision made

Can fluctuate & Decision specific

Question 3

To have capacity someone must be able to :

Answer 3

1) Understand Information and Consequences
2) Retain information to make decision
3) Weigh up information
4) Communicate information and decision

Question 4

What is Mental Capacity Act 2005

Answer 4

1) Every adult presumed to have capacity
2) People helped to make own decision
3) People have right to make unwise decisions
4) Decisions made on behalf must be in bets interests
5) Least restrictive of basic rights and freedoms

Question 5

Lasting Power of Attorney

Answer 5

Legal document that appoints one or more people to help them make decisions on their behalf
Types:
1) Health and Welfare
2) Property and Financial Affairs

Question 6

Court of Protection

Answer 6

If no one able to speak on behalf of patient- Independent Mental Capacity Advocate (IMCA)

Question 7

What is Consent?

Answer 7

Consent to treatment is that person must give permission before they receive any form of treatment on basis of clinician explanation
Implied
Expressed-Verbal & Written

Question 8

Children & Consent

Answer 8

People aged 16+ can consent to own treatment
<16 can consent if deemed to have intelligence and capacity

Question 9

What is Gillick Competence

Answer 9

Gillick competence’ refers to a young person under 16 with capacity to make any relevant decision WITHOUT parental knowledge if deemed to be competent and have capacity
Sufficient understanding of treatment, risks +benefits and alternatives

Question 10

What are Fraser Guidelines?

Answer 10

advice and treatment focusing on young person’s sexual health and contraception

Clinician must be satisfied that young person:
1) Understands clinicians advice
2)Cannot be persuaded by parents
3) is likely to continue having sexual intercourse with/without contraception
4) Unless contraception received, physical/mental health will suffer
5) Young person best interest requires them to receive contraception without parental consent