Legal aspects of Aging

Question 1

What does the patient self-determination act do?

Answer 1

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

Question 2

What must patients have to sign an informed consent?

Answer 2

Medial decision making capacity

Question 3

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

Answer 3

1. Risks
2. Benefits
3. Alternatives

Question 4

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

Answer 4

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

Question 5

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

Answer 5

1. Absence of info
2. Not competent
3. Coercion involved

Question 6

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

Answer 6

Find a substitute decision maker

Question 7

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

Answer 7

Document your concerns.

Question 8

True or false: It is never okay to guarantee results

Answer 8

True

Question 9

What are the five steps to take with leaving AMA?

Answer 9

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

Question 10

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

Answer 10

Get witnesses and have them sign a form saying as such

Question 11

What are the three areas that AMA forms should cover?

Answer 11

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

Question 12

What is the difference between elopement & wandering?

Answer 12

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

Elopment = consciously leaving without

Question 13

What are the three liabilities for elopement?

Answer 13

Negligence
Criminal
Licensure
Accreditation

Question 14

What is competency?

Answer 14

Legal ability to make decisions (determined by a judge)

Question 15

What is capacity?

Answer 15

Ability to understand (determined by a physician)

Question 16

What are the two forms of advanced directives?

Answer 16

1. Living will

2. Durable power of attorney

Question 17

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

Answer 17

• IPOST

- DNR/DNI

Question 18

What are the three types of court orders?

Answer 18

Guardianship
Conservatorships
Representative payee

Question 19

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

Answer 19

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

Question 20

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

Answer 20

Guardian and ward

Question 21

Who appoints a guardian?

Answer 21

Courts

Question 22

What is the order of family hierarchy?

Answer 22

1. Spouse
2. Adult children
3. Parents
4. Special friend

Question 23

True or false: an informed consent survives any subsequent incapacity

Answer 23

True

Question 24

What is a healthcare proxy/living will?

Answer 24

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

Question 25

Can you do an advanced directive without an attorney?

Answer 25

Yes

Question 26

How many people must be present for an advanced directive?

Answer 26

two, or notarized

Question 27

What is an IPOST?

Answer 27

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

Question 28

What are the two relevant federal laws for coding?

Answer 28

Patient self determination act | Medicare COP

Question 29

What are the two relevant state laws for coding?

Answer 29

Advanced directives | Professional liscensing

Question 30

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

Answer 30

AHA standards | Common law

Question 31

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

Answer 31

False

Question 32

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

Answer 32

False

Question 33

What are the two qualifications of life sustaining procedures?

Answer 33

1. Mechanical means to supplant vital function | 2. Serve only to prolong dying process

Question 34

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

Answer 34

True

Question 35

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

Answer 35

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

Question 36

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

Answer 36

No

Question 37

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

Answer 37

False--they are acting and representing the patient's wishes, not their own

Question 38

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

Answer 38

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

Question 39

Can a durable power of attorney be canceled in orally?

Answer 39

yes

Question 40

When does the durable power of attorney end?

Answer 40

Upon pts death or incapacity

Question 41

What is a guardianship?

Answer 41

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

Question 42

What are the four types of guardianship?

Answer 42

General/full Limited Standby Temp

Question 43

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

Answer 43

False--must be in writing

Question 44

When does the financial power of attorney end?

Answer 44

Death or incapacitation of principal

Question 45

What are conservatorships?

Answer 45

Court appointed rep to make important financial decisions

Question 46

When do conservatorships cease? (3)

Answer 46

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

Question 47

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

Answer 47

Misdemeanor May be liable for damages caused by failure