Mental Capacity: Legal & Ethical Considerations Flashcards
When was the Mental Capacity Act brought in?
2005
What are the 5 principles of the MCA 2005?
- Presumption of capacity
- Right to be supported to make their own decisions
- Right to make unwise decisions
- Anything done for those who lack capacity must be done in best interests
- Least restrictive interventions
What are the four criteria for Mental Capacity?
Understand, retain, weigh up, communicate decision
If a patients lack mental capacity, what three things must be done when faced with a decision?
- Is there an advanced decision?
- Decision must be made in best interest
- Decision must be least restrictive
What are two aspects of Advance Care Planning?
- Advance statement of wishes
2. Advance decision / directives to refuse treatment
Advanced Decisions must always be respected, but when are they legally binding?
Only if they are valid and applicable to the circumstances
Advanced Decisions empower patients to refuse care, but what can they still not refuse?
Basic Care
What are the advantages of an Advance Decision? 4 points
- Respect patients autonomy
- Encourages openness / planning
- Offers right to refuse treatment
- Patients are less anxious about unwanted treatment
What are the disadvantages of an Advance Decision? 3 points
- Difficulties verifying patients opinion has not changed
- Difficulty ascertaining circumstances patient foresaw
- Possibility of coercion when writing AD
Cited by Dworkin, define “Experiential Interest”
Something is in one’s experiential interest if one enjoys the experience of doing it (can change)
Cited by Dworkin, define “Critical Interest”
Interests, which if not satisfied, people would think they were worse off in some way (do not change over time)
Which interests take more priority in Dworkin’s case? Critical or Experiential?
Critical interests
