Capacity and Consent Flashcards
What act protects adults with incapacity?
The adults with incapacity act 2000
What is the legal definition of incapacity?
The inability of an adult (16) to enter into a legally binding contract. An adult with a condition to the extent that they cannot understand what a decision involves or make a true choice.
If a person with incapacity makes a decision it has NO LEGAL EFFECT.
What are the parts of an incapacity assessment?
AMCUR
Being incapable of:
1. Acting - choosing to come into dentist themselves.
2. Making a decision
3. Communicating a decision
4. Understanding a decision
5. Retaining the memory of a decision
What are the principles of the adults with incapacity act?
5 key principles
1. Must benefit the person - any treatment must benefit the patient, without treatment that benefit would not be possible, any intervention must improve or enhance their life
2. Minimum necessary intervention
3. Take account of the wishes of the adult
4. Consultation with relevant others
5. Encourage the adult to exercise “residual capacity”.
What is residual capacity?
The ability to make simple decisions e.g. may not be able to understand complex restorative treatment, but could decide to save the tooth.
What is the difference between a welfare guardian and a welfare power of attorney?
A welfare guardian is appointed AFTER a person loses capacity. It needs to be renewed by the courts every 3 years.
A welfare power of attorney is appointed BEFORE a person loses capacity. Can be appointed indefinitely.
What is the type of power of attorney that CANNOT consent for dental treatment?
Continuing power of attorney.
Welfare and combined power of attorney can both consent for dental treatment.
What is the adults with incapacity act 2000?
Creates provisions for protecting the welfare of adults who lack capacity to make decisions for themselves because of a mental disorder or an inability to communicate.
What do you do if there is no power of attorney or welfare guardian?
You can carry out emergency treatment.
Use AWI act principles
Ask GDP to sign them off for treatment - with Section 47 certificate they have upon qualification.
What is the definition of capacity?
To use and understand information to make a decision and communicate any decision made.
What is a method that can be used to test the patient’s understanding/ capacity?
Chunk and check method.
What is a proxy?
A suitable adult substitute decision maker for someone without capacity.
What is the definition of an impairment?
Any loss or abnormality of psychological, physiological or anatomical structure or function.
Basically a problem with a structure or organ of the body.
What is the definition of disability?
Functional limitation with regard to a particular activity as a result of an impairment.
Lack of function in comparison to what would be considered normal for a human being.
