4. Capacity Flashcards
Adults
(1) Presumed unless proven otherwise
- Airdale v NHS Trust v Bland: even if contrary to best interest
- Re T (1993): whether reason is rational, irrational, unknown, non existent
(2) If incapacitated
- ALD
- LPA
- Best interests - no one else can consent
(3) Anorexia cases
- A Local Authority v E: incapable of weighing advantages/disadvantages of eating, meaningfully
- An NHS Trust v X: able to make alcohol decisions (decision-specific)
x
MCA s.4: doctors should consider
- Past and present wishes
- Beliefs and values
- Other factors patient would have considered –> Wye Valley NHS Trust v B (2015): ‘fierce independence’
- Consider matters from patients’ perspective –> Aintree v James (2013)
x
MCA s.4: maximise chances of capacity
- Patient likely to have capacity in the future?
- Permit and encourage, as far as practicable, to participate
- Improve ability to participate
x
MCA s.4: doctors should consult
- Family/friends
- Carer/anyone interested in welfare
- LPA
- Deputy appt by Court
x
UN Convention on the Rights of Persons with Disabilities
Article 12: equal recognition before the law; enjoy equal legal capacity
x
Children (16-17)
Family Law Reform Act 1969
- Presumed unless proven otherwise
- Can consent but not refuse
x
Children (<16)
(1) Gillick competent
- Unlikely if <13
- Function specific
(2) Can consent but cannot refuse
- Parents
- Court order
(3) Fraser competent
- Contraception
- Termination of pregnancy
- STIs
x
