ethics - consent (vulnerable) Flashcards
elements of consent
Adequate information
Capacity
Voluntariness
Decision
gillick competence
Children under 16 can truly consent to treatment only if they understand its nature, purpose and hazard.
need to understant - treatment failure of treatment alternative treatments inaction
when can gillek competence be overridden
by courts when childs life at risk
MCA principles
presume capacity in the first instance; • Support decision making;
• Respect unwise decisions;
• Promote best interests
• Offer the least restrictive alternative
best interest
pt still involved
objective test for the pts best interest
take into accoutn views and values
limits to best interst
valid advance decision
valid decision by attorney or court appointed depty
advance decisions refusing treatment
binding if:
• The person making the directive was 18 or older when it was made and had mental capacity at that time;
• It specifies (lay terms are acceptable), the specific treatment to be refused and the specific circumstances in which that refusal applies.
• The person making the directive has not withdrawn the directive at any time when they had capacity to do so;
lasting power of attorney
An individual can nominate another person
to make health care decisions in advance of them losing their capacity
• Does not extend to refusing life-sustaining treatment unless explicitly says so
court deputies
o not have power to override decisions made by those exercising a power of attorney
• Do not have power to refuse life-sustaining treatment
• Useful when disputes arise over care and treatment