Consent in Adults Who Lack Capacity Flashcards
In an emergency situation where consent cannot be obtained, what happens
Doctors should provide the treatment that they reasonably believe to be both medically necessary and in the patients best interests, unless there is a valid and applicable advance decision refusing the nesecxary treatment
In an emergency where a proxy declines treatment what should be done
the doctor should continue to provide the treatment they believe neseccary until the patient is stable and then normal legality follows
Liberty
Patients should be free from interventions that inhibit liberty or the ability to enjoy life unless the intervention is seen to reduce greater harm to the patient or others
Decision-making freedom
Patients decision making freedom should be promoted in a manner that is consistent with their needs and wishes.
Dignity
Patients should be treated with respect and courtesy, and their social and cultural values should be respected
What is capacity
The ability that individuals possess to make decisions or to take actions that influence their life.
Fluctuating Capacity
This could relate to bipolar disorder. Here an assessment of capacity must be on the basis of the decision in question at the time it needs to be made
Decisions made on behalf of incapacitated adults must be
Made on the basis of an assessment of their best interests
When does a person lack capacity
An impairment of, or disturbance in the functioning of the mind or the brain and the person is unable to make a decision
A person is unable to make a decision if
They are unable to understand the infromation given to them
Unable to retain the information relevant to the decision
Use or weigh the information
To communicate the decision