Capacity & Consent

Question 1

Define Consent.

Answer 1

• to Give the permission for something to happen

Question 2

Define Capacity.

Answer 2

• the ability to make a decision

Question 3

How to determine if one has capacity?

Answer 3

They should be able to:

1. Understand and RETAIN relevant info
2. Use and weigh that info to MAKE A DECISION
3. Communicate that decision

Question 4

What are 3 main things about the Adults with Incapacity Act 2000?

Answer 4

• POWER of ATTORNEY
• Guardianship
• section 47, certificate of INCAPACITY

Question 5

What is the age of legal Capacity?

Answer 5

• in Scotland 16 y.o!
• they can consent to MEDICAL rx on their own IF they have the capacity to do so (as assessed by a qualified medical practitioner.

Question 6

Does a depressed person have capacity?

Answer 6

• no because they lack the skill to WEIGH out information to make informed decisions.

Question 7

What legislative work mus one carry out for confirming lack of capacity>?

Answer 7

• Emergency Detention Cert
• Short term duration CERT
• compulsory treatment order
• nurses’ holding power

Question 8

What is the Emergency Detention certificate?

Answer 8

• issue of this cert. allows a person to be held in the hospital for up to 72 hours
• can be issued by aDeteneny doctor from FY2 and up

Question 9

What is the Short term detention cert.?

Answer 9

• also issued for a pt with a suspect MENTAL d.o

-

Question 10

What does Section 47 of the AWI (Adults with Incapacity) authorise?

Answer 10

• they authorise the TREATMENT of a physical d/o in someone WITHOUT capacity to consent to that rx.

Question 11

Highlight the 5 principles of AWI 2000.

Answer 11

1. intervention must BENEFIT adult
2. that this benefit cannot be achieved WITHOUT the intervention
3. take account of PAST and Present wishes
4. consult with others
5. encourage maximal use of RESIDUAL capacity

Question 12

What is residual capacity?

Answer 12

the maximum ABILITY of the pt to COMMUNICATE their wishes to the doctor (by writing)

Question 13

What does the Mental Health Act 2003 entail?

Answer 13

• the treatment of MENTAL disorder or the physical consequences of the mental disorder in someone WITHOUT capacity to consent to rx

Question 14

What legal documents make up the Mental Health Act 2003?

Answer 14

• Emergency Detention Certificate
• Short term detention cert.
• compulsory rx order
• advance statement
• nurses’ holding power

Question 15

When are the certificates of Eemergency detention and Short- term detention usually issued?

Answer 15

• with likely Mental d.o
• when there is RISK to HEALTH, SAFETY/WELFARE of person
• signif. IMPAIRMENT of decision-making ability regarding rx