Capacity and Consent Flashcards
What act is important for capacity and consent in Scotland?
Adults with Incapacity Scotland Act 2000
Incapacity should never be presumed in which conditions? (3)
Mental Health
Learning Disabilities
Dementia
Definition of Medical Treatment?
Any procedure or treatment designed to safeguard physical or mental health includes nutrition, hygiene etc
When can a medical practitioner provide treatment in an emergency?
At all times even without consent provided that treatment is necessary to preserve life or to prevent serious deterioration in condition
The Law in Scotland presumes from what age do adults have capacity?
16
Presumption on capacity can only be overturned when?
When there is evidence of impaired capacity
In Scotland the main piece of legislation used to protect the rights of a person who lacks capacity to consent to treatment is?
Part 5 of Adults with Incapacity Scotland Act 2000
Adults with Incapacity Scotland Act 2000 covers what 4 areas?
Welfare
Property
Finances
Medical Treatment
Which act enables people to make own arrangements about how affairs should be managed if lose capacity to make decisions in Scotland?
Adults with Incapacity Scotland Act 2000
Principles of Adults with Incapacity Scotland Act 2000? (5)
Any action taken must benefit the person
Any action must be least restrictive option that will achieve desired effect
Take into account person’s past and present views and preferences
Take views of guardian, relatives etc apperancing to have interest into account
Encourage person to develop and exercise decision making
What can a continuing attorney do?
Manage Finances and Property
What can a welfare attorney do?
Medical Care, Treatment and Personal Care
When does a continuing attorney powers start?
Straight away
when does a welfare attorney powers start?
Once person has been assessed and known they do not have capacity
Where do Power of Attorney get registered?
Office of Public Guardian
An intervention order gives permission for what?
One off decisions which person does not have capacity to make
Does an intervention power need an attorney?
No, just an interest in person
When can a guardianship be applied?
When person assessed as not having capacity to make decisions
What can a guardianship order cover? (3)
Property
Finance
Personal including health
Who can apply for guardianship?
Anyone with interest in person eg family or local authority
General Authority to treat comes under what part of adults with incapacity act?
Part 5
General Authority to treat covers what professions? (4)
Medical
Dental
Nurses
Ophthalmic Opticians
How is the general authority to treat restricted?
health professionals can only authorise treatment in own speciality
Who can assess capacity?
Practitioner who has overall responsibility for treatment conducts assessment
