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Questions and Answers

What is the assumption regarding capacity for individuals aged 16 or over in decision-making?

They have limited capacity based on their situation.

They have full capacity for all decisions.

They have capacity unless proven otherwise. (correct)

They lack capacity until proven otherwise.

According to the Mental Capacity Act 2005, which of the following does NOT affect the determination of a person's capacity?

The complexity of the decision.

The individual's mental impairment.

The person's age. (correct)

The individual's understanding of the matter.

Which of the following statements about children under 16 regarding capacity is correct?

Age alone determines their capacity to make decisions.

Children under 16 can make binding decisions without parental consent.

Children under 16 are assumed to have capacity if they understand the situation. (correct)

Children under 16 automatically have decision-making capacity.

What does the term 'lack of capacity' refer to according to the Mental Capacity Act 2005?

Being unable to make decisions due to impairment of the mind or brain. Signup and view all the answers

Which of the following best describes parental responsibility in relation to a minor's consent?

Parents must be involved in significant decision-making for their children. Signup and view all the answers

What is required for an advance refusal to have legal force according to the Mental Capacity Act 2005?

It must be an unambiguous refusal by a competent informed adult. Signup and view all the answers

What should a healthcare professional consider when discussing advanced care planning?

The potential for mental incompetency and the patient's preferences. Signup and view all the answers

What is a situation where an advance refusal for treatment can be overridden?

When the patient is incompetent at the time consent is sought. Signup and view all the answers

In assessing a patient's capacity, what factors should not be overlooked?

Capacity, mental health issues, and best interests. Signup and view all the answers

What should be documented during the consent process?

Details about the consent discussions and the patient's understanding. Signup and view all the answers

What is the primary purpose of advanced care planning?

To ensure patients' preferences and wishes are honored in case of future incapacity. Signup and view all the answers

What type of decisions are included in advanced care planning consultations?

Patient’s personal beliefs, preferences, and values. Signup and view all the answers

Which of the following is NOT a factor in determining a patient's capacity?

The patient's age. Signup and view all the answers

At what age do parents' rights to consent to medical treatment on behalf of their minor typically end?

18 Signup and view all the answers

In cases where an infant is conceived through IVF, what determines the parental consent for medical treatment?

A case-by-case basis Signup and view all the answers

Who shares parental responsibility for a minor under a care order?

Parents and local authority Signup and view all the answers

Which of the following is NOT a consideration when assessing a patient's capacity?

Patient's financial status Signup and view all the answers

If a healthcare professional is uncertain about a patient's capacity, who should they consult?

Members of the healthcare team Signup and view all the answers

Under what condition do parental rights to consent for medical treatment end?

When the minor is adopted Signup and view all the answers

Which of the following options is least likely to be considered when evaluating the legal power of attorney?

The patient's diagnosed medical condition Signup and view all the answers

In what situation can a school have the right to consent for a minor's medical treatment?

In cases of minor ailments under specific conditions Signup and view all the answers

Study Notes

Parents hold the right to give consent for medical treatment of a minor until they turn 18.
This applies to both parents named on the birth certificate, regardless of marital status.
In IVF conceived cases, consent decisions are made case-by-case.
Local authorities share parental responsibility with parents for minors under a care order.
Parental rights end upon adoption.
Schools may have the right to consent for minor ailment treatment in some circumstances

Assessment of Capacity

Healthcare professionals must consult with colleagues, specialists, and legal advisors if there are doubts about a patient's capacity to consent.
Professionals must assess if the lack of capacity is permanent or temporary.
They must consider the patient's best interest and the least restrictive clinical option.
Legal power of attorney, expressed family views, and healthcare team opinions are crucial considerations, especially in clinical emergencies like CPR.

Capacity Principles

Individuals aged 16 and over are presumed to have capacity unless proven otherwise.
Capacity is not a spectrum; a person either has capacity for a specific decision or they don’t.
Children under 16 are presumed to lack capacity unless they can fully understand the proposed treatment.

Mental Capacity Act 2005

Defines lack of capacity as the inability to make decisions due to impairment or disturbance of the mind or brain.
This impairment can be permanent or temporary.
Capacity cannot be determined by age or appearance alone.
Medical professionals must consider factors like reasonable risks, alternative treatment options, patient understanding, and applicable exceptions.
Documentation of the consent process is crucial.

Advanced Care Planning

Advance decisions allow individuals to convey their treatment preferences if they lose mental capacity.
These decisions must be unambiguous and conform to the Mental Capacity Act 2005.
They cannot override compulsory treatment under mental health laws but can be overridden by a competent decision at the time consent is needed.
Healthcare professionals must engage in advanced care planning if a patient's mental incompetency is likely or foreseeable.
This engagement must address the patient's wishes, beliefs, values, and involve family members or representatives.

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