Mental capacity Flashcards
4 components to capacity
Understand
Retain
Deliberate
Communicate
What test to use when testing capacity
2 stage test
Stage 1 in 2 stage test
Stage 1: a person lacks capacity if he/she is unable to make a specific decision due to a disturbance in the functioning of the mind or brain.
The first stage of this assessment is that there needs to be evidence that the person has a disturbance of their mind or brain which is affecting the functioning of their mind or brain. This may be a temporary or permanent disturbance due to physical or psychological or other reasons.
Stage 2 in 2 stage test
Stage 2: a person is unable to make a decision if they are unable to: Understand Retain Deliberate Communicate
When can restraint be used
The most common scenario is someone with some risk behaviour wanting to leave the ward. You can restrain (including physical restraint) the individual using the MCA as long as they lack capacity and the restraint is required to protect the individual in question from harm.
If someone has no lasting power of attorney, can a relative give consent on behalf of them
no- can only ask relative to find out the views of the patient so you can act in their best interests
What is an advanced directive
A patient can sign a document saying that if they end up having no capacity, they can refuse from now to have life saving treatment when they no longer have capacity.