Ethico-legal Flashcards
What is an Advanced Decision to Refuse Treatment? (ADRT)
A decision a patient makes to refuse a particular treatment at a time in the future. Must be:
- Made at a time when the patient had capacity
- Written down
- On any piece of paper
- By anyone, provided it is
- Signed by the patient
- Signature must be witnessed by someone
Doesn’t have to be agreed by anyone else e.g. NoK
If a patient has made an ADRT for a specific medical treatment, this will come into effect if the patient loses capacity to give or refuse consent to the treatment
Valid ADRTs are legally binding, so if a patient has made one, their decision will stand and their clinician will not have to make a decision in their best interests
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What is a lasting power of attorney? (LPA)
The power given by one person (a donor), at a time when they have capacity, to another person (a donee), often a family member
It allows the donee to make decisions on the donor’s behalf at a time in the future
This is done using a legal document
There are two types of LPA:
1) Property and affairs LPA. This can be used when the donor either lacks mental capacity to make decisions about their property and affairs, or no longer wishes to make those decisions themselves.
2) Personal welfare LPA. This covers decisions about healthcare and consent to medical treatment. It can only be used when the donor lacks capacity to make these decisions for themselves.