Special Care - adults with incapacity Flashcards
What does the AWI act 2000 aim to do?
safeguard welfare and manage finance in adults who lack capacity due to MI, Learning disability or inability to communicate
Also encourages AWI to make decisions as far as they can do so
What is incapacity?
The inability for someone > 16 y/o to opt into legally binding contracts.
what makes someone incapable? (5)
Inability to act
Inability to make a decision
Inability to communicate their decision
Inability to retain memory of their decision
Inability to understand the information required to make a decision
How do we assess capacity? (5)
Be able to act
Be able to make their decision
Be able to understand their decision
- what is it, risks/benefits, alternatives, for them only.
be able to communicate their decision in a way that both parties understand
be able to retain memory of their decision for > 24 hours
What are the 5 principles of the AWI 2000 act?
Must benefit the individual
Must have minimum necessary intervention and be the least restrictive
must take into account the adults wishes
consult with relevant others
encourage the adult to exercise what capacity they have
Describe what a welfare power of attorney is?
an individual who is granted the role of making decisions for an individual once they lose capacity.
This is legally established by a lawyer whilst the individual still maintains capacity
What is a continuing attorney?
n individual who is granted the role of making decisions regarding financial affairs only for an individual once they lose capacity.
- best to have the same person as a welfare and a continuing attorney.
What is a guardianship order?
when the court appoints a person to make decisions for an individual (>16) who has never had the capacity to consent i.e. parents of downs syndrome children > 16 y/o
Who can consent for dental treatment?
Patients with capacity
welfare powers of attorney
welfare guardians
medical and dental practitioners.
- only if dental practitioner has has specific training
What is general authority to treat? (2)
you can treat without consent in;
incapable patients if they have a certificate of incapacity and the principles of the AWI are observed and recorded in the notes
or
in an emergency
What is a dental emergency?
Spreading dental infection
large bleed
What must we do if we need an AWI section 47 form abut we are not trained to provide one?
Liaise with the patients GP
- ensure you inform the GP of what treatment you aim to do
