SPECIAL CARE AWI Flashcards
What does incapacity mean?
incapable of:
ACTING
MAKING a decision
COMMUNICATING a decision
UNDERSTANDING a decision
RETAINING memory of the decision
how do you assess capacity?
open questions
chunk and check
teach back
taking the blame
What does the adults with incapacity (scotland) act 2000 safegaurd?
the welfare and manages the finances of people aged 16 years and over who lack capacity
what certificate is issues to a person who lacks capacity to consent to dental tx?
Section 47 certificate
what is the section 47 certificate issued according to?
5 principles
1. BENEFIT
2. LEAST restrictive of freedom
3. The persons past and present WISHES
4. CONSULT relevant others
5. Encourage RESIDUAL capacity
what is a ‘proxy’?
someone who has been authorised to act on behalf of an adult with incapacity
- substitute decision maker
- legally recognised
what is a powers of attorney?
granted by the adult whilst they have capacity to choose who they wish to act on their behalf, should the need arise
describe powers of attorney and how it is valid?
must be in writing
must be registered with the OPG
powers are dormant until needed
do not have an expiry date
what are the 3 types of powers of attorney?
welfare - medical
continuing - money, property and business
joint or combined - all of the above
what must be done when checking documents of an adult with incapacity?
ask to see original or lawyer endorsed copy
electronic versions do not have embossed seal
need to read body of doc
must check what powers have been granted
can check with OPG
what is a gaurdian?
granted when an adult either
- no longer has capacity to choose who they wish to make decisions for them
OR
- the adult has never been able to make their own decisions
how does a person get a gaurdian?
court process, granted by sheriff
requires medical and social work reports
difference between a guardian and PoA?
guardian has an expiry date (usually 3 years)
different process to get one
what are the 3 types of guardianship powers?
financial/ property
welfare
both
what is an intervener?
appointed for a one-off event
