[capacity & consent] Flashcards
Mental capacity act (MCA) 2005
Understand
Retain
Weigh up
Communicate back their decision
the patients
No legal individual responsibility for treatment as long as
capacity proven to be lacking
treatment in best interests of patient
restraint may used if self harm a risk
proportional to the likelihood/severity of harm
[capacity&consent]: Prior to the MCA ‘advanced directives’ were issued. These are no outdated and have been replaced by …
Advanced decisions
> 18yrs
capacity§
Warmth
shelter
offering of food/drink
No
criminal battery/assault
yes
yes
when patient has lost capacity
independent mental capacity advisor
no relative
no unpaid carer
no friend
case = law developed through court cases statute = law developed via parliament
least restrictive of their human rights
No
decision = legally binding statement = take into account for best interests
must be: written signed dated witnessed
Court of protection
someone (e.g. parent) who can make decisions aver the -patient if it is not a one-off decision
Cannot refuse life-saving treatment
no friends/relatives/unpaid carers
no
wait until capacity
can treat if life-threatening
assume patient has capacity support individual decisions unwise decision does not = lack of capacity must act in best interests least restrictive of human rights
