Ethico-legal and MCA Flashcards
Principalism
4 parts of medical ethics
autonomy
beneficence
non-maleficence
justice
Define mental capacity
What is the test for mental capacity?
ability to make a specific decision at a specific time
-Two stage test:
Does the person have impairment/disturbance of the mind or brain affecting how it works?
If yes - does that mean the person is unable to make the decision at the time needs to be made (URDC) or four Rs
-Receive - understand information given to them?
-Retain - can they retain this information long enough to make a decision
-Rationalise - can they wigh up the information? - pros and cons maybe?
-Relate - can they commmunicate back to you?
5 main principles of Mental capacity act?
- A presumption of capacity
- The right for individuals to be supported to make their own decisions - do everything to aid this
- Should not be assumed that someone lacks capacity simply because their decisions may seem unwise or eccentric
- If someone lack capacity, stuff done on behalf must be in best interests
- If someone lacks capacity, all options must be considered before a decision is made - the lease restrictive option
MCA - provisions - who can make decisions for people who lack capacity?
Independent mental capacity advocates (IMCAs)
Lasting power of attorney
Advance decisions to refuse wills (‘living wills’)
Court of protection - specialist court for all issues relating to people who lack capacity to make specific decisions.
DOLs - The Deprivation of Liberty Safeguards - aim to make sure that people in care homes and hospitals are looked after in a way that does not inappropriately restrict their freedom.
Driving in dementia
risk, insight, attention, memory, visuospatial, routes
insurance; assessment and re-assessment
diagnosis disclosure e.g. dementia
Pros of it
pos: support, Rx preferences, legal provisions (LPA etc.), planing,
Four compenents needed for capacity
- Receive - understand information given to them?
- Retain - can they retain this information long enough to make a decision
- Rationalise - can they wigh up the information? - pros and cons maybe?
- Relate - can they commmunicate back to you?