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Geriatrics > Legal aspects of Aging > Flashcards

Legal aspects of Aging Flashcards

1
Q

What does the patient self-determination act do?

A

Assures the right of every adult to determine what can and cannot be done with their body

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2
Q

What must patients have to sign an informed consent?

A

Medial decision making capacity

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3
Q

What are the three things that you need to inform a pt about in an informed consent?

A
  1. Risks
  2. Benefits
  3. Alternatives
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4
Q

What are the four rights a patient has in regards to informed consent?

A
  1. Right to info
  2. Right to have questions answered
  3. Right to more info
  4. Right to say no
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5
Q

What are three circumstances in which a signed informed consent form is not valid?

A
  1. Absence of info
  2. Not competent
  3. Coercion involved
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6
Q

What is the next step to take if there is a question about a pts decision making capacity?

A

Find a substitute decision maker

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7
Q

What should you do as a provider if a pt has a tough time understanding, but accepts?

A

Document your concerns.

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8
Q

True or false: It is never okay to guarantee results

A

True

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9
Q

What are the five steps to take with leaving AMA?

A
  1. Determine pt capacity
  2. Review chart
  3. Involve family
  4. Have pt sign AMA form
  5. Send aftercare instructions
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10
Q

What should you do if a pt wants to leave AMA, but refuses to sign any forms?

A

Get witnesses and have them sign a form saying as such

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11
Q

What are the three areas that AMA forms should cover?

A
  1. Liability
  2. informed process
  3. Choice of the pt to leave/refuse treatment
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12
Q

What is the difference between elopement & wandering?

A

Wandering = pt who strays beyond the view or control of staff

Elopment = consciously leaving without

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13
Q

What are the three liabilities for elopement?

A

Negligence
Criminal
Licensure
Accreditation

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14
Q

What is competency?

A

Legal ability to make decisions (determined by a judge)

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15
Q

What is capacity?

A

Ability to understand (determined by a physician)

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16
Q

What are the two forms of advanced directives?

A
  1. Living will

2. Durable power of attorney

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17
Q

What are the two forms of quasi-advanced directives/physicians orders?

A
  • IPOST

- DNR/DNI

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18
Q

What are the three types of court orders?

A

Guardianship
Conservatorships
Representative payee

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19
Q

What is the difference between power of attorney and attorney in fact?

A

In fact is the actual person, the power of attorney is a legal document

20
Q

What is the naming relationship between a guardian and the person he/she are making decisions for?

A

Guardian and ward

21
Q

Who appoints a guardian?

A

Courts

22
Q

What is the order of family hierarchy?

A
  1. Spouse
  2. Adult children
  3. Parents
  4. Special friend
23
Q

True or false: an informed consent survives any subsequent incapacity

A

True

24
Q

What is a healthcare proxy/living will?

A

Document made by competent pts directing future medical treatment or a proxy

25
Q

Can you do an advanced directive without an attorney?

A

Yes

26
Q

How many people must be present for an advanced directive?

A

two, or notarized

27
Q

What is an IPOST?

A

order written by a physician regarding future care, that travels with a pt

28
Q

What are the two relevant federal laws for coding?

A

Patient self determination act

Medicare COP

29
Q

What are the two relevant state laws for coding?

A

Advanced directives

Professional liscensing

30
Q

What are the two standards of care to consider when coding?

A

AHA standards

Common law

31
Q

True or false: a DNR order is still valid in surgery

A

False

32
Q

True or false: a DNR order is still valid in surgery

A

False

33
Q

What are the two qualifications of life sustaining procedures?

A
  1. Mechanical means to supplant vital function

2. Serve only to prolong dying process

34
Q

True or false: it take at least two physicians to make a diagnosis of a terminal condition

A

True

35
Q

What is the difference between the IPOST and a DNR/DNI

A

IPOST is an actual medical order, whereas a DNR/DNI is not

36
Q

Does having a DNR exempt the physician from not providing comfort care

A

No

37
Q

True or false: a substitute decision maker can make whatever decision he/she wants about a pt

A

False–they are acting and representing the patient’s wishes, not their own

38
Q

What is the durable power of attorney? What is the durable power of attorney in fact?

A

Durable power or attorney =Piece of paper that points to who is the durable power of attorney in fact

39
Q

Can a durable power of attorney be canceled in orally?

A

yes

40
Q

When does the durable power of attorney end?

A

Upon pts death or incapacity

41
Q

What is a guardianship?

A

A person appointed by the court to have custody of an incapacitated person (a ward)

42
Q

What are the four types of guardianship?

A

General/full
Limited
Standby
Temp

43
Q

True or false: the termination of the financial power of attorney can be oral

A

False–must be in writing

44
Q

When does the financial power of attorney end?

A

Death or incapacitation of principal

45
Q

What are conservatorships?

A

Court appointed rep to make important financial decisions

46
Q

When do conservatorships cease? (3)

A
  1. the ward tuns 18
  2. Death of ward
  3. Court decides otherwise
47
Q

Is the failure to report a misdemeanor or a felony? What can happen?

A

Misdemeanor

May be liable for damages caused by failure

Geriatrics (30 decks)

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