Family Law and Ethics

Question 1

Where children are unable to make their own decision about medical treatment, doctors must normally seek consent from the parents. t/f?

Answer 1

True

Question 2

In which circumstance may doctors unilaterally override the parent’s wishes without seeking authority from a court when the parents are considered not to be acting in the child’s best interest?

Answer 2

When the intervention is immediately necessary to save the child’s life

Question 3

In Scotland, when there is a conflict of view between parents and doctors, the decision should be referred to the court under which act?

Answer 3

The Children Act 1995

Question 4

What is the age of legal capacity in Scotland?

Answer 4

16 years

Question 5

What is the age of legal capacity in England and Wales?

Answer 5

18 years (or 16 years if married)

Question 6

What is the equivalent of the Gillick test in Scotland?

Answer 6

Section 2(4) of the legal capacity act of 1991

Question 7

Section 2(4) on capacity in Scotland states that…?

Answer 7

A person under the age of 16 year shall have legal capacity to consent on his own behalf to any surgical, medical or dental procedure or treatment where, in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of the procedure or treatment.’

Question 8

For uncomplicated medical treatment, young children may have the capacity to consent to treatment. T/F?

Answer 8

True

Question 9

Children do not have the automatic entitlement to refuse treatment. T/F?

Answer 9

True

Question 10

In England and Wales the Gillick Competancy Test is used. What does this state?

Answer 10

Whether or not a child is capable of giving the necessary consent will depend on the child’s maturity and understanding and the nature of the consent required. the child must be capable of making a reasonable assessment of the advantages and disadvantages of the treatment proposed, so the consent, if given, can be properly and fairly described as true consent.

Question 11

The Fraser guidelines indicate that contraceptive advice and treatment without the parent’s consent or knowledge is justified provided that…?

Answer 11

The girl understands the doctors advice
The doctor cannot persuade her to inform her parents or allow the doctor to inform the parents
she is very likely to begin or continue to have sexual intercourse even without contraception
unless she receives contraceptive advice or treatment her physical or mental health are likely to suffer
her best interests require the doctor to give her contraceptive advice or treatment without parental consent

Question 12

Which act in Scotland defines parental responsibility?

Answer 12

The Children Act 1995

Question 13

In England and Wales, which act defines parental responsibility?

Answer 13

The Children Act 1989

Question 14

Have parental responsibility for a child enables a parent o make day to day decisions about such matters as medical treatment. T/F?

Answer 14

True

Question 15

Mother’s automatically have parental responsibility. T/F?

Answer 15

True

Question 16

How do natural fathers acquire parental responsibility?

Answer 16

By being married to the mother (or in Scotland by being named as the father on the birth certificate)

Question 17

Parental responsibility of the father is lost after a divorce. t/f?

Answer 17

False

Question 18

Step parents have automatic parental responsibility. t/f?

Answer 18

False - this requires a parental responsibility agreement, adoption or application to the court

Question 19

Adoptive parents have parental responsibility. T/F?

Answer 19

True

Question 20

Natural parents lose their parental responsibility after adoption. T/F?

Answer 20

True

Question 21

In Scotland how can permanent foster carers star parental responsibility?

Answer 21

By application to the court

Question 22

Parental repsonsibility cannot be handed over but someone else can act on behalf of the parent when given explicit spoken or written permission to do so. T/F?

Answer 22

True

Question 23

Doctors can provide emergency treatment without consent provided that it is necessary in order to save the life or or prevent serious deterioration in the health of the child. T/F?

Answer 23

True

Question 24

Under GMC guidance, what constitutes ‘seriously harmful sexual activity’?

Answer 24

Young person is too immature to understand or consent
Big difference in age or power between sexual partners
Young person’s sexual partner having a position of trust

Question 25

Doctors can disclose information to appropriate agencies (police and social services) if a child or young person is involved in abusive or serious harmful sexual activity. T/F?

Answer 25

True

Question 26

Family members have automatic entitlement to make decision on behalf of an adult who lacks capacity. T/F?

Answer 26

False

Question 27

What is a power of attorney?

Answer 27

A formal agreement in which an individual is nominated to be granted the power of making decisions for another adult in the event of the adult losing capacity

Question 28

A certificate of incapacity must be issues for each specific treatment decision to allow the power of attorney to consent to treatment. T/F?

Answer 28

True

Question 29

What is the equivalent act in England and Wales to the Scottish Adults with Incapacity Act 2000?

Answer 29

Mental Capacity Act 2005