Consent and AWI Flashcards
What capacity act is used in Scotland?
Adults with incapacity Act 2000
What capacity act is used in England?
Mental Capacity Act 2005
What are the 5 main principles for AWI Act?
- benefit patient
- not restrict pt freedom
- consider Pt past and present wishes
- consider wishes of relevant others
- encourage use of existing skills
Who can issue an AWI?
Consultant/GP
GDP with further training
Is AWI form valid forever ?
No, issued for 1 year from date of exam but can be 3yrs in certain circumstances
What age does the capacity acts start at?
Applies to adults from 16yrs of age
How do you assess if someone has the capacity to consent?
Understand info provided about Tx
Retain info provided
Weigh-up info relating to Tx
Communicate using verbal or non verbal means about the procedure, risks and benefits
What is valid consent?
- understand info given about proposed Tx
- able to weigh up risks, Tx procedure (have capacity)
- have autonomy over decision making process
- not be coerced into Tx plan (voluntary)
- can change mind at any stage
What is the test of materiality?
It is whether a reasonable person in the patients position or patient is likely to attach significance risk to a procedure
E.g. explaining to chef risk of reduced taste ability after Wisdom tooth XLA
Who has parental responsibility for children?
- child’s mother
- child’s father is married to mother before 2003 at time of birth or on birth certificate after 2003
- person appointed child’s guardian
- residence order
What is Gillick/Fraser competency?
It is when a patient 16yrs or under is assessed as competent as they have sufficient maturity and intelligence to understand procedure and ramifications.
What is welfare power of attorney?
This is appointed by a patient over 18yrs to look after their health decisions if they subsequently lack capacity.
What is guardianship?
This is court appointed after a patient looses capacity to consent. It does not last forever and will be consistently reviewed.
What is mental welfare commission?
A group that has protective functions for adults with incapacity stemming from mental disorders. The group maintains a list of medical practitioners who will provide additional opinion in disputes about Tx plans.
