Module 7 - Capacity, Consent and the Older Person

Question 1

What are the three types of consent?

Answer 1

1. Implied
2. Written
3. Verbal

Question 2

For consent to be considered valid it needed to be:

Answer 2

• Informed
• Specific to procedure
• Voluntary
• The person must have capacity to make decisions.

Question 3

What factors could affect gaining consent?

Answer 3

• Language
• Sensory impairment
• Literacy
• Cognition

Question 4

Under Australian Law we must:

Answer 4

…. presume that every adult has capacity.

Question 5

When a person has capacity they are able to:

Answer 5

• understand the facts involved
• understand the main choices
• weigh up the consequences of the choices
• understand how the consequences affect them
• communicate their decision

Question 6

Name the correct hierarchy of persons who can give substitute consent in order of priority as stated in the NSW Guardianship Act 1987.

Answer 6

1. Guardian

2. Spouse or Partner

3. Carer

4. Relative or Friend

Question 7

What are the elements required for consent to be considered legally valid?

Answer 7

• The consent must be freely given
• it is informed and specific to the treatment/procedure
• the person has the capacity to provide the consent.

Question 8

Capacity is___________________________.

Answer 8

Decision specific.

Question 9

What factors can make capacity fluctuate?

Answer 9

• Mental and physical health
• Personal strengths
• The quality of services they are receiving
• Type and amount of support.

Question 10

The level of capacity a person has at a particular time can depend on what following factors?

Answer 10

• Type of decision
• Simple or complicated
• How much information has the person been given, and what is their level of understanding about the information?
• Communication
• Physical environment
• Person’s experience
• Health
• Personal stress

Question 11

How would a nurse promote cognitive function in older adults?

Answer 11

• Promote heart health
• Be physically active
• Mentally challenging the brain
• Follow a healthy diet
• Enjoy social activity

Question 12

How would you support a person to make a decision?

Answer 12

1. Choose the most appropriate form of communication

2. Find a particular location or better time of the day.

3. Suggest/assist person to get medical treatment for medical condition affecting their capacity.

4.Help resolve issues creating stress.

5. Help the person find someone to support them to make choices. 6. Provide more relevant information.

Question 13

Who or what is a Person Responsible?

Answer 13

A Person Responsible is someone nominated to make decisions about medical or dental treatment if the person can’t make decisions about their medical or dental treatment because they are sick or injured.

Question 14

Is the term ‘Next of Kin’ still used?

Answer 14

NO.

Question 15

Name four things A Person Responsible cannot do.

Answer 15

1. Make decisions about finances.

2. Make decisions about accommodation

3. Support or consent to treatment if the person objects.

4. Consent to certain treatments like sterilisation or experimental treatments.

Question 16

Can a person with dementia still have capacity?

Answer 16

YES.

Even a person with moderate or severe dementia, with obviously impaired capacity may still be able to indicate a choice and show some understanding. This could be through body language, such as opening their mouth for a forkful of food when being assisted with a meal.

Question 17

ASKME is a practical model of supported decision-making. What does it stand for?

Answer 17

Assess strengths and deficits

Simplify the task

Know the person

Maximise the ability to understand

Enable participation

Question 18

___________________ is the process of standing beside someone, supporting them to understand and exercise their rights and have their voice heard on issues important to them.

Answer 18

Advocacy

Question 19

An advocate is an impartial person, who:

Answer 19

• takes the time to listen and understand your views and wishes informs you of your rights and responsibilities
• assists you to explore your options and make informed decisions
• supports you to raise your concerns and work towards a resolution
• provides practical assistance such as help to write a letter or raise your concerns at a meeting
• speaks for you in situations where you don’t feel able to speak for yourself
• increases your capacity to self-advocate

Question 20

What is OPAN?

Answer 20

The Older Persons Advocacy Network (OPAN) is a national network in Australia comprised of nine state and territory organisations that have been operating in metropolitan, regional, rural and remote Australia, delivering advocacy, information and education services to older people for over 25 years. OPAN’s free services support older people and their representatives to address issues related to Commonwealth funded aged care services. Within NSW, the Senior Rights Service operates to provide assistance and advocacy services to older people.