Legal aspects and other Flashcards
(19 cards)
IMCA role
Independent mental capacity assessor
- Involved in ‘best interest’ decisions
DOLS
Deprivation of liberty safeguard
Completed if decision is made that impacts their ability to leave, or if they are controlled or supervised in any way in which they cannot consent to.
Power of attorney
1. When is this applied for
2. What power do they get
- When patient has capacity
- Health and welfare
and Property and financial affairs
When is court of protection used
- When LPA is not making decisions in the pts best interest
- All capacity decisions related to contraceptive sterilisation, organ donation and withdrawal of nutrition and hydration in permanent vegetative state
When should capacity be assessed
Assess for every decision as mental state can fluctuate, and may have capacity to make certain decisions e.g. what to wear/eat but not enough capacity to make bigger decisions
What must a pt demonstrate to have capacity
- Understand information
- Retain information
- Use the information to make a decision, including weighing up risks and benefits
- Communicate their decision
Their decision does not need to seem wise to you, as long as they can support their flawed logic with their own reasoning.
What to do if pt lacks capacity?
- Find least restrictive option
- Make decisions in patients best interest
- Fill in documentation for mental capacity act to protect pts rights
Advanced decision to refuse treatment (ADRT)
Written and signed document that details specific scenarios in which a pt wants to refuse specific treatment.
e.g. I refuse to have dialysis in the event my kidneys fail
When can you act against the wishes of a pt with capacity
If there is an immediate threat to life, senior clinician must be involved.
DNAR - who makes the decision
Doctor makes decision to offer CPR or not (DNAR).
The patient cannot decide to have CPR, but can refuse CPR in advance
Ethical issue with DNAR
Patient autonomy vs Beneficence
* Autonomy - patients right to make decisions
* Beneficence - The potential for doctors to provide life sustaining treatment
Advanced care plan
Patient can discuss and make a plan for their care in advanced whilst they have capacity. This is not a legal document, but can be used to understand the pts wishes
What is carer strain and its effect
The consequences caring for an individual has on somebody.
1. 75% have mental health effects
2. 60% have worse physical health
Components of comprehensive geriatric assessment (CGA)
- Medical
- Functional
- Psychological
- Social
- Environmental
CGA Medical components
- Problem list
- Co-morbidities
- Medications
- Nutrition
CGA functional components
- Basic ADLs
- Gait and balance
- Exercises and activity
CGA - psychological components
- Cognitive status
- Mood assessment
CGA social and environmental components
- Support network
- Housing
- Finances
- Access to transport
- Safety at home
Clinical frailty scale
- Very fit
- Well
- Managing well (well controlled medical problems but not very active)
- Vulnerable (not dependent but symptoms limit activities e.g. tired during the day)
- Mildly frail (need help with high order ADLs e.g. finances, transport, medications)
- Moderately frail (help with all outside activities and may need help with bathing)
- Severely frail (completely dependent personal care, high risk of dying within 6 months)
- Very severely frail (completely dependent, approaching end of life, won’t recover from minor illness)
- Terminally ill (not evidently frail, but approaching end of life within 6 months