Mental Capacity Act 2005

Question 1

Consent and capacity

When pts refuse essential treatment what should clinicians ascertain?

Answer 1

-Whether they have the capacity to consent to treatment and have made a free decision without coercion

Question 2

Capacity is based on whether person is able to?

Answer 2

1. Understand the information relevant to the decision
2. Retain the information
3. Use or weight the information as part of the process of making a decision
4. To communicate their decision by any means

Question 3

Best interests
-If a pt lacks capacity they are treated using the principle of best interest. What is taken into account when a decision is made on someones behalf?

Answer 3

• The pts past and present wishes and feelings and any written statements from when they had capacity
• Their beliefs and values that would influence the situation if they had capacity
• The wishes of any family and friends or those appointed with power of attorney
• Whether the pt will regain capacity in the future

Question 4

Deprivation of liberty safeguards

-What is it?

Answer 4

• A section in the mental capacity act regarding the deprivation of liberty
• Covers when a pt may or may not have their liberties removed
• Applied to adults lacking capacity

Question 5

What is Testamentary capacity?

-What 4 criteria need to be fulfilled?

Answer 5

-The individuals competence to make a valid will

1. The testator understands that he is giving his property after his death
2. He understands the nature of, and is able to recollect the extent of, his property
3. He is aware of who might have a reasonable claim to his estate
4. He is able to weight up each relatives claims and make rational judgements about allocation

-A pt with dementia or psychosis may still have testamentary capacity provided they meet the above criteria

Question 6

Fitness to drive

What is important when considering this?

Answer 6

• Its the responsibility of the driver and DVLA to make the decision as to whether an individual is fit to drive
• It is the drivers responsibility to inform the DVLA of any condition that may impair their ability
• Its the doctors responsibility to advise pts to inform the DVLA of any conditions that may interfere with their driving
• Doctors may have to breach confidentiality to contact the DVLA medical advisor if the pt fails to do so. The same applies to pts who are unlikely/unable to contact the DVLA due to their illness