Consent

Question 1

What makes up valid consent?

Answer 1

informed
given freely
capable patient

Question 2

How do we assess incapacity?

Answer 2

Acting
Making a decision
Communicating a decision
Understanding a decision
Retaining memory of the decision

Question 3

is capacity action or decision specific?

Answer 3

both

Question 4

how do we check if a patient has understood and has the capacity to consent?

Answer 4

• ask open questions
• chunk information and check inbetween
• ask patient to teach back
• NOT asking “do you understand” or “can you repeat it back to me”

Question 5

When does the Adults with Incapacity Act (Scotland) 2000 apply?

Answer 5

If a person lacks capacity to consent to dental treatment

Question 6

What are the 5 key principles of the Adults With Incapacity Act (Scotland) 2000?

Answer 6

1. BENEFIT
2. LEAST restrictive of freedom
3. the persons past and present WISHES should be taken into account
4. CONSULT relevant others
5. encourage RESIDUAL capacity

Question 7

What is a proxy?

Answer 7

the term ‘proxy’ is used for someone who has been authorised to act on nehalf of another adult with incapacity
- subsititute decision maker
- legally recognised
- different types to be aware of

Question 8

What are the 3 main types of proxy you can get?

Answer 8

power of attorney
guardian
intervener

Question 9

What are the types of power of attorney?

Answer 9

welfare
continuing
joint or combined

Question 10

When does an adult grant their power of attorney?

Answer 10

whilst they have the capacity to do so

Question 11

do power of attorneys have an expiry date?

Answer 11

no

Question 12

what is a guardian?

Answer 12

granted when an adult either no longer has capacity to choose who they wish to make decsions for them
OR
The adult has never been able to make their own decisions
granted by the sheriiff NOT the individual

Question 13

does a guardian have an expiry date?

Answer 13

yes usually appointed for 3 yrs

Question 14

what are the types of guardian?

Answer 14

financial/property
welfare
both

Question 15

what is an intervener

Answer 15

a type of proxy who is appointed for a one-off event not common

Question 16

if a patient has a proxy what should you do?

Answer 16

• follow the 5 key principles of the AWI
• get consent from the proxy
• Have a AWI (S47) certificate issued

Question 17

if a patient has no proxy what should you do?

Answer 17

• follow the 5 key principles of AWI
• have a AWI (S47) certificate issued
• The S47 certificate authorises tx to go ahead
  ^^^^ this can only be done by a dental practioner with relevant training

Question 18

What is the Adults with incapacity (Scotland) Act 2000?

Answer 18

For safeguarding the welfare and managing finances and property of adults who lack capacity to make some or all decisions for themselves. It applies to any adult over the age of 16 who lacks the capacity to make some or all decisions themselves because of ‘mental disorder’. The act also covers those unable to communicate their decisions because of physical disability