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BDS2 PMHP > Consent and Capacity > Flashcards

Consent and Capacity Flashcards

1
Q

What is the criteria for someone with capacity

A 
to act (to give consent)
to make reasoned decisions 
to communicate decisions
to understand decisions 
to retain the memory of decisions
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2
Q

What is meant when we say that to have capacity someone has to have a reasoned decision

A

there is reason behind their decision - it is not impulsive nor random
we may not agree with their reasons but it is their decision

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3
Q

What is meant when we say to have capacity someone has to communicate their decision

A

they must be able to express their decision

arrangements may need to be made so they can e.g in language barriers

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4
Q

What is meant when we say to have capacity someone must be able to understand their decision

A

that they have proper understanding of what they are doing
they are understand the consequences
require SUFFICIENT UNDERSTANDING

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5
Q

What is meant when we say to have capacity someone must be able to retain the memory of decisions

A

They must be able to remember for long enough

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6
Q

What is the criteria for consent

A

valid
with capacity
informed
voluntary (not coerced nor manipulated)

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7
Q

What is the criteria for consent to be VALID

A

the consent must be IN DATE

the consent must be SPECIFIC to the TX PLAN

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8
Q

What do we mean when we say that a criteria for consent is that it is done with capacity

A

that they meet the criteria of capacity

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9
Q

What do we mean when we say that a criteria for consent is that the patient must be properly informed

A

they need to know what the treatment is all about
they require proper information before consenting
should they not have proper info then the consent is not valid

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10
Q

What is the subcategories of voluntary consent

A

that it is not coerced nor manipulated

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11
Q

What do we mean when we say that the consent is not coereced

A

consent should not be forced
you need to tell someone all their different options so that they are not lead down one path
common problem with private tx

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12
Q

What do we mean when we say that the patient is not manipulated to consent

A

you cannot manipulate the patient so they choose what you want to choose

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13
Q

What are the 3 aspects to risk communication

A

probability
severity
material risk

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14
Q

What is probability

A

how likely is it that it will happen

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15
Q

What is the severity

A

how bad the outcome could possibly be

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16
Q

What is the material risk

A

risks that matter to the patient e.g missing work

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17
Q

What standard relates to consent

A

standard 3 - obtain valid consent

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18
Q

What are the two conditions for consent

A

valid and legal

19
Q

What should consent be perceived as

A

a continuing process

not a one off decision

20
Q

When should consent be renewed

A

when there has been a significant interval between the patient agreeing to a tx option and its start

21
Q

What does a patient who has capacity able to do

A

to give or to withhold consent

22
Q

What age is the presumption of capacity

A

16 YO

23
Q

When does parental responsibility end

A

age 16

24
Q

Who has parental responsibility

A

mum

dad if married or on birth certificate

25
Q

What aere things that patients might want to know

A 
options for tx, risks and benefits
why you think tx is necessary/appropriate
consequences, risks and benefits of tx
likely prognosis
recommended option
cost
what can happen if tx doesn't happen
whether tx is gauranteed, how long it is guaranteed for and any exclusions
26
Q

What are material risks

A

a reasonable person, if warned of the risks, would be likely to attach significance to these

27
Q

What is the mode of obtaining consent

A

it can be implied or explicit

28
Q

What is implied consent sufficient for

A

minor procedures

29
Q

What is explicit consent required for

A

major or invasive procedures

30
Q

What is written consent required for

A

GA

continuous sedation

31
Q

When is consent not required

A

when an emergency arises in a clinical setting and it is not possible to find out px wishes

tx you provide must be the least restrictive of px future choices

for as long as the px lacks capacity, you should provide ongoing care and if the patient regains capacity then explain what has been done and why

32
Q

Should parents be in disagreement, do you require both parents to consent

A

no - only 1

33
Q

Can parental responsibility be handed over?

A

no
but is is possible for someone looking after child to act on behalf of person with parental responsibility when given EXPLICIT PERMISSION to do so

34
Q

What is informed consent

A

sufficient info must be communicated so that the patient can make an informed decision about whether or not to accept the proposed tx based on knowledge and understanding

35
Q

How is informed consent achieved

A

specific questions must be answered fully and honestly
info given should be documented carefully
tx should not exceed consent given
patients individual needs and wishes should be checked

36
Q

What does the adults with incapacity act 2000 allow

A

it allows people to make their own choices about who will handle their affairs if they cannot do it themselves
the act makes it simpler for carers to help with granters affairs

37
Q

What is granted by the office of public guardian if px who has formally nominated a person for this e.g spouse prior to losing capacity

A

POWER OF ATTORNEY

38
Q

What is welfare power of attorney

A

for the care and personal needs of the adults

healthcare, clothing, diet

39
Q

When is welfare power decided

A

by the adult while capable

only has effected while the adult lacks capacity

40
Q

What is continuing power of attorney

A

for finance and property

41
Q

What is an intervention order

A

when someone has no power of attorney and a one off decision needs to be made on behalf of the adult with incapacity

42
Q

What must use of the incapacity act be allied with

A 
benefit of the adult 
minimum intervention 
present and past wishes of adult
consultation with the adult and others
the adult's exercising of their skills and further development of these
43
Q

Who should be consulted about any action according to incapacity act

A 
adult
next of kin
carer
appointed attorney
guardian

BDS2 PMHP (10 decks)

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