Legal aspects

Question 1

What is meant by valid consent?

Answer 1

• the person signing must be fully capable
• all information is freely and voluntarily provided
• all risks and information about the treatment must be provided prior to the patient making the decision

Question 2

What is meant by someone who has capacity?

Answer 2

• law presumes all adults have capacity to consent/refuse treatment
• adult should understand nature and effect of decision, freely and voluntarily make decision and communicate decision

Question 3

What happens when someone has impaired decision-making capacity??

Answer 3

1. firstly, advance care directive used

2. seconday, enduring power of attorney and if non subsititute decision maker

Question 4

What is and advanced care directive?

Answer 4

• in the event a person loses capacity to make decisions, the ACD provides instruction that a person has made about future medical treatment/health care

Question 5

What is an enduring power of attorney?

Answer 5

• legal document which outlines who you would like to manage your affairs when you have no capacity

Question 6

What is the double doctrine effect in palliative care?

Answer 6

• if palliative treatment has unintended effect of hastening patient’s deah the doctrine of double effect may apply
• only apply when the patient is near death, most critical element is intention. As long as intention was to relieve the pain and symptoms