WEEK 8: LAW, ETHICS AND AGED CARE Flashcards
ETHICAL PRINCIPLES (4)
- Autonomy
- Beneficence
- Non maleficence
- Justice
AUTONOMY
- Respect for another’s right for a self- determined course of action
- The right to make choices based on one’s own values and beliefs
BENEFICENCE
- To do good
- To act in the best interest of the patient
NON- MALEFICENCE
- To do no harm
- Avoidance of harm or hurt
JUSTICE
Obligations to act fairly, to distribute resources justly and to respect peoples human rights and the law of jurisdiction (legal justice)
AGE DISCRIMINATION ACT 2004
Prohibits discrimination against/ supportive of persons merely on the basis of their age
VALID CONSENT
- Standard requirements for valid consent: The consumer has the capacity to consent
- Informed
- Voluntary
- Specific
- Current
ADVANCE CARE DIRECTIVE
- A person with capacity indicates wishes retreatment- relevant for possible future time when no longer competent
- Valid AD: legally binding
ADVANCE CARE DIRECTIVE: PROS
- Preserves autonomy of patient
- Eases burden on carers of non- competent pt
- Protects the vulnerable
ADVANCE CARE DIRECTIVE: CONS
- Research indicates low use by pts, low regard by health carers
- ‘Stranger’ effect: no guaranteed communication with health carers
- Need for regular review: new treatments, people change their minds
- The unknowable (adjustability to pain etc) and premature ruling out of treatments
- Legal reluctance to prosecute: ‘right without remedy’
WHAT IS CAPACITY?
When someone has capacity to make a decision; they can→
- Understand the facts involved
- Understand the main choices
- Weigh up the consequences of the choices
- Understand how the consequences affect them
- Communicate their decision
SUBSTITUTED DECISION MAKER
- Authorised representative for a person who lacks capacity
- Nominated or appointed
ENDURING GUARDIAN
- EG appointed by person while competent
- Person may appoint more than one EG
- Person can give instruction to EG regarding health care
SUPPORTED DM
- A more inclusive, consultative and shared way of making decisions that is generally viewed as being more in line with a person’s rights
- May be based on a formal agreement between a person with questionable capacity and their supporter, or an informal network of people who support an adult to achieve best interests
- Is more in keeping with our obligations under the United Nations Convention on the Rights of People with a Disability
PERSON RESPONSIBLE
Not necessarily the patient’s ‘next of kin’. A person responsible in order of priority is:
1) An appointed guardian who has been given the right to consent to medical and dental treatments, or if there is no guardian
2) The most recent spouse or de facto spouse (including same- sex partner) when the spouse or de facto has a close and continuing relationship with the person, or if there is no spouse or de facto spouse
3) The unpaid carer or the carer at the time the person entered residential care (note: recipients of a government carer benefit are not considered to be paid) or if there is no carer
4) A relative or friend who has a close personal relationship with the person
