Capacity

Question 1

JB

Answer 1

Some mental incapacity ≠ lack of capacity
- Capacity to consent is decision specific

Question 2

Re T

Answer 2

Adult patients who do NOT lack capacity
- Absolute right to decide

Consent:
- Need not be in writing
- Can be inferred from conduct

Question 3

St George’s Healthcare NHS Trust

Answer 3

Pregnant patients
- Cannot be forced to undergo treatment
- Have an absolute right in their body

Question 4

E

Answer 4

Eating disorder case
- Person lacks capacity if their condition inhibits their ability to make an informed decision

Question 5

C

Answer 5

A person’s decision should be respected, even if others believe it is irrational

Question 6

James (best interests test)

Answer 6

Best interest test:
- Consider from the patient’s PoV
- Must consider welfare in the widest sense

Question 7

B

Answer 7

Best interest test:
- Must give weight to patient wishes when had capacity

Question 8

Winspear

Answer 8

Art 8
- Must consult family if family’s Art 8 right to family life outweigh’s patient’s Art 8 right to privacy

Question 9

Re Y

Answer 9

Saving a family member’s life may be in a patient’s best interests
-Context: bone marrow donation

Question 10

K

Answer 10

Court can only permit doctors to do something
- Cannot force them to

Question 11

Gillick

Answer 11

Parental consent not required if:
1. Child understands advice
2. Child does not want parents informed
3. Child will have sexual intercourse with/without treatment
4. Without treatment, child’s mental/physical health may suffer
5. Treatment is in child’s best interests

Question 12

Axon

Answer 12

Expansion of Gillick
- Child can make their own decision once they have sufficient understanding and intelligence to be capable of making a decision themself

Question 13

Re JA

Answer 13

Gillick Scope:
- Mature minors can seek treatment BUT they cannot refuse treatment

Question 14

Bell

Answer 14

Puberty blockers:
- Court should not be used as a general advice centre

Question 15

Re W

Answer 15

Doctor can provide treatment to a child if:
- Parent consents; or
- Child consents; or
- Court orders

Question 16

Mental Capacity Act 2005, s 1

Answer 16

MCA Principles

Question 17

Mental Capacity Act 2005, ss 2 & 3

Answer 17

MCA Statutory test for capacity

Question 18

Mental Capacity Act 2005, s 4

Answer 18

MCA Best interests test

Question 19

Mental Capacity Act 2005, ss 24 & 25(2)

Answer 19

MCA Advance decision making

Question 20

MCA, Code of Practice, Para 2.9

Answer 20

In urgent situations:
- Only required to keep patient informed of what is happening

Question 21

Life Saving Treatment

Answer 21

Advanced refusal of ________ MUST:
- Acknowledge intention to refuse treatment
- Be in writing
- Signature be witnessed