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CONSENT AND MENTAL CAPACITY (MENTAL CAPACITY ACT 2005 (1) 5 OVERARCHING…
CONSENT AND MENTAL CAPACITY
MENTAL CAPACITY ACT 2005
1) 5 OVERARCHING PRINCIPLES
1) A person is assumed to have capacity unless established otherwise
2) A person must not be treated as unable to make a decision until all practicable steps have been taken to help them to do so have been unsuccessful
3) A person is not to be treated as unable to make a decision merely if the decision is unwise
4) A decision made under this Act must be in the patient's best interests
5) Before the act is done, must have considered alternatives that could be less intrusive on the patient's rights and freedom
2) DEFINING INCAPACITY
'A person unable to make a decision contemporaneously in relation to a matter due to impairment or malfunctioning of the mind or brain' :star:
E.g. Stroke
E.g. Learning disability
E.g. Dementia
E.g. Brain injury
3) ASSESSING CAPACITY
Whether or not patient is, at the time, under the influence of alcohol or other substances that could impair judgement
Capacity can fluctuate at different times in certain psychiatric/brain disorders/injuries
Not based on age, appearance, condition, behaviour
Can the patient UNDERSTAND, RETAIN, WEIGH, COMMUNICATE BACK the information?
4) ACTING IN PT's BEST INTERESTS (if incapable)
Uses Code of Practice checklist, but not exhaustive so can be subjective
5) AUTHORITY TO TREAT
After having taken all reasonable steps to ascertain capacity, and a best interests decision made, authority given by Act to treat