Capacity & Consent

Question 1

5 Principles of capacity

Answer 1

1 - A person must be assumed to have capacity
2 - A person is not to be treated as unable to make a decision unless all practicable steps have been taken without success
3 - A person can make an unwise decision
4 - An act done, or decision made, under the Act or on behlaf of a person who lacks capacity must be done in their best interest
5 - Actions much be acheived in the least restrictive way

Question 2

An advanced decision to refuse treatment (ADRT) can only be made by someone of what age?

Answer 2

18 +

Question 3

The capacity act relates to what ages?

Answer 3

16 and over

Question 4

What criteria need to be met for the patient to be restrained?

Answer 4

• The person restraining the patient reasonably belives it neccisary to prevent harm to the patient. It cannot be used under the mental capacity act to protect others
• The restrain is proportinate to both the liklihood of the patient suffering harm and the severity of the harm

Question 5

Describe a ‘just culture’

Answer 5

An atmosphere of mutual trust in which people are positively encouraged to report safety issues openly, but in which they are also clear about where the line is drawn between acceptable and unacceptable behaviour.

Question 6

Explain Gillick competence?

Answer 6

Children under 16 can consent to treatment if they have enough understanding, intelligence and competence, but they cannot refuse treatment.

Question 7

Explain substituted consent

Answer 7

With a child or adult lacking status or ability:

To to obtain from a parent or guardian

If no parent or guardian and the child is in imminent danger, they can consent to emergency treatment

Refusing care but the adult or guardian consents, the treatment must be given