Ethics And MCA Flashcards
Principles of Capacity
Assume to be present Right of autonomy Not just unwise or eccentric Must be in best interests Consider all options Least restrictive
Best interests
Is the personal likely to regain capacity
Previous and currently expressed views and beliefs
Maximise participation
Carers and other close relatives opinions
Testamentary capacity
Ability to make a will Must know: -the extent of their property - blood relations -extent of material/other assets Able to make reasonable judgment Sooner rather than later
Independent mental capacity advocates
If no family advocate/abusive
Seek advice in connection withy serious medical treatment
Duty of NHS bodies/local authorities to seek advice before placement
Lasting power of attorney
Capable adults appoint person ahead of time to make decisions for them if they become unable
-property and financial affairs
- health and welfare
Register with office of the public guardian
Court of protection
Specialist court for those who lack capacity to make specific decisions
Appoints deputies to make decisions in best interest
-property
-financial
-health and welfare
Manages legality relating to capacity
Advanced directives
Over 18 with capacity Advanced refusal of treatment Can only refuse, not demand Not legally binding Must be specific Fully informed of consequences Overrides LPA Can't refuse measures to make the patient comfortable only
Deprivation of liberty safeguards
Aim to protect from inappropriate removal of Liberty
Only done when there is no other way to protect someone
On a scale of restrictions
Allows patient to challenge decisions and review regularly
Positives of telling someone they have dementia
Ascertain treatment preferences Make a will etc Help plan for disability Avoids danger of colluding with family Autonomy Help to adjust
Driving and dementia
Collator history! Depends on impairment Patient is legally obliged to tell the dvla and insurer GP and psych reports Driving assessment More frequent assessments
SAFE DRIVE checklist
Safety record Attention skills Family report Ethanol use Drug use Reaction time Intellectual impairment Vision and visuospatioal function Executive functions
Section 7
Guardianship Local social services or approved by them, if not the private Legal powers: -where the patient must live -appointment attendance -allows medical professional to see them
Capacity test
Does the person have and impairment of the mind?
Understand
Retain
Weigh up
Communicate
