Consent and Capacity Flashcards
(48 cards)
What is valid consent
Given freely without distress or coercion and is legally capable of doing so
What is capacity ?
The ability to receive retain process and come to an informed decision on something.
What understanding is needed to consent to an intervention?
What is the intervention- nature and purpose
Main benefits and risks
Alternatives
Consequences
What is an Emergency Care Order?
Legislation allowing a patient to be detained in hospital where they
A) have a mental disorder and
B) are deemed a risk to themselves or others if they are not treated in hospital
Why in an emergency setting can you act without consent?
As consent should be assumed until proven otherwise
In order to enact the Adults With Incapacity Act 2000 what key criteria must be met?
Intervention must benefit
Such benefit can not be achieved without intervention
Past and Present wishes taken into account
Consult with other relevant people
Encourage adult to use their residual capacity
What is section 47 of the Adults with Incapacity Act 2000
Certificate of incapacity
What does a section 47 Certificate of Incapacity allow?
Authorises practitioner to provide reasonable intervention related to treatment.
What does a section 47 Certificate of Incapacity not allow?
Not allowed too use force unless immediately necessary and only for as long as necessary.
Not specifically allowed to transport patient to place of treatment.
Give an example of when a section 47 certificate of incapacity would allow the use of force.
In an elderly patient with dementia falls and breaks her hip is actively resisting aid. You’d be able to restrain her whilst a sedative is administered.
When is an attorney chosen?
Granted whilst patient has capacity
What is the power of the attorney ?
Power to act in place of the patient in terms of welfare and finance
How does someone apply to be a guardian?
One or more people or a local authority.
Scrutinised in court
What are the powers of a guardian?
Welfare and financial - long term decisions
Unable to place patient in a hospital against their will
If a patient doesn’t comply with the will of the guardian what can the court do, if they decide it is the best thing for the patient.
They can issue a compliance order.
What does the Mental Health Act 2003 allow for?
Treatment of mental disorder or physical consequence o disorder in someone without capacity to consent.
What is a section 36 in the Mental Health Act 2003?
Emergency Detention
What are the requirements for issuing as section 36?
Likely to have a mental disorder
Significantly impaired decision making ability
Detention is necessary to determine treatment
Present a risk to themselves or others
A section 44 would provide undesirable delay
What is a section 44 in the Mental Health Act 2003?
Short term detention
What are the requirements for issuing a section 44?
Significantly impaired decision making and metal disorder.
Detention to treat or prevent harm to self or others
Cant be treated voluntarily
What does the age of legal capacity act 1991 determine?
At 16 years old you are presumed old enough to have capacity to consent.
What is the general rule on consenting in children?
Ability to consent is done on competency not age.
What did the Childrens Act 1995 determine?
If a child lacks capacity ask one parent, if parents disagree seek legal advice.
What are the 10 Millan Principles used to ensure dignity of patient is maintained?
Non discrimination Equality Respect for diversity Reciprocity - treatment is beneficial Informal care Participation - patient helps their own care in own way Respect for carers view Least restrictive - in terms of treatment Benefit Child welfare
