L15 - COMPETENCE

Question 1

What is the two stage test to determine if a person is capacity?

Answer 1

Stage 1: Is there an impairment or disturbance of the persons brain function?

Stage 2: Is the impairment sufficient enough so the person does not have capacity

Question 2

What is the difference between capacity and competence?

Answer 2

Capacity = above 16

Competence = below 16

Question 3

What presumption should be made about patients?

Answer 3

Presumption should always be that patients have the capacity to consent

Question 4

What 4 things must a patient be able to do to display they have capacity?

Answer 4

• Understand the information
• Retain the information
• Weigh up the decision
• Communicate the decision and convey the choice

Use these to test capacity if you think a patients brain functioning is impaired

Question 5

Why is capacity dynamic?

Answer 5

It is the ability to make the particular decision at the material time

Question 6

What are 5 key principles of the mental capacity act (2005) and what is it

Answer 6

Applies to all over 16s who don’t have capacity or may need help decision making

1) Presumption of capacity
2) Support individuals to make decisions
3) Unwise decisions
4) Best interest
5) Least restrictive option