Mental Capacity Act Flashcards
When are ‘Best Interests’ Ignored
When an advanced decision has been made
What are the 3 things you must consider for a patients best interests?
1) Past and present wishes of the patient
2) Their likely beliefs and wishes
3) Other factors they would be likely to consider
Can you consult other people about the patients views?
Yes, if practical and appropriate
How old must you be to appoint a lasting power of attorney, and how old must the LPA be?
Both 18 or older
2 types of LPA?
1) Property and financial affairs
2) Health and Welfare
What can a property and financial affairs LPA do?
Manage their finances and property
What can a health and welfare LPA do?
Make decisions on health and welfare, can decide on medical treatment but not on life sustaining treatment unless specifically stated in the document
Can an LPA’s decision be challenged?
Yes - In court if judged to not be in the patients best interests
How can an advanced decision be communicated?
Verbally (Must be recorded in patients notes) but must be written if refusal of life saving surgery
How old must you be to make an advanced decision?
18
Do best interests apply to an advanced decison?
No - holds the same weight as a decision by a competent person
Can treatments be requested in an advanced decision
Decision can be taken into account but does not have to be followed
What do you do it you have doubts about an advanced decision?
Send it to the court for ruling - Dr is allowed to maintain life whilst ruling goes on
3 cases where an advanced decision is not valid
1) Withdrawn before they lost capacity
2) LPA appointed to make a decision on that specified treatment
3) Pt has made expressions inconsistent with the advanced decision
3 cases where an advanced decision is not applicable
1) Pt regains capacity
2) Circumstances specified are not the same
3) New circumstances would have affected the decision
