L12-Safeguarding patients rights Flashcards
How does the 2005 mental capacity act provide autonomy?
Provides autonomy via:
- Advanced directives
- Concept of substituted decision making
- Court of protection – special court for social and welfare decisions
What 4 things must a patient be able to do to show they have capacity?
Understand
Retain
Weigh up the information
Communicate a decision
What is an advanced refusal and what must it be to be legally binding?
- To apply life sustaining treatment, must be in writing, signed by the patient or at patients direction and witnessed in writing
- If doctor suspects AR exists, must make reasonable attempts to find out what it says (time permitting) but can act in emergency
- Refer cases of doubt to court of protection and act to save life in meantime
What is a lasting power of attorney?
A substituted healthcare decision maker that has been appointed by the patient.
Donor can restrict the powers of the attorney
What is the court of protection?
A new court that is to deal with all areas of decision making for the incapacitated. Has the powers of the high court.
What is the principle of liberalism?
The importance of an individuals freedom. Need to support and enable people, not restrict them.