Adults With Incapacity

Question 1

What age in Scotland are you viewed as having capacity?

Answer 1

16 years old

Question 2

What is an act relating to capacity? What dies it do?

Answer 2

Adults with incapacity act

• safeguard welfare and manage finances of those who lack capacity
• provides a range of ways to authorise someone else to make a decision for the incapable adult

Question 3

Define incapacity

Answer 3

• Inability of adult to enter legally binding contracts
• adult with condition to extent that they cannot understand what a decision involves or make a true choice

Question 4

When making an assessment of capacity, how should you speak to the patient?

Answer 4

Keep language free from jargon

Break info into chunks

Ask patient to explain what you have discussed (check)

Assess retention - ask at another appt

Question 5

An adult does not have impaired capacity simply because…?

Answer 5

• they are in care
• mental health condition
• difficulty with speech or writing
• physical disability
• brain injury
• not behaving rationally

Question 6

What is a typical person who may not have capacity?

Answer 6

• mental disorder
• severe learning disability
• severe brain injury
• cannot communicate even with assistance

Question 7

What is incapacity being incapable of?

Answer 7

AMCUR

1. Acting
2. Making a decision
3. Communicating decision
4. Understanding decision
5. Retaining memory of decision

Question 8

How can an individual demonstrate capacity?

Answer 8

Understand, in simple language, what the treatment is and its purpose

Understand risks and benefits of treatment

Understand consequences of no treatment

‘Retain the memory of the decision’

Question 9

What is the act related to making decisions on behalf of another?

What must these decisions do for the individual?

Answer 9

AWI act - decision must apply to these 5 principles

1. Have benefit
2. Minimum necessary intervention
3. Take account of wishes of adult
4. Consult with relevant others
5. Encourage adult to exercise residual capacity

Question 10

What is a proxy? Who can consent?

Answer 10

Suitable adult decision maker for someone without capacity

Power of attorney or guardianship orders

Welfare and combined power of attorney can consent for dental treatment, continuing can’t

Welfare guardian can consent but financial guardian cannot

Question 11

Who can consent for dental treatment?

Answer 11

Patients with capacity

Welfare powers of attorney

Welfare guardians

Medical and dental practitioners under section 47 of AWI act - after training course