Aiesha and Gareth

Applies to? When is a patient deemed to lack capacity? Guiding principle?  Anyone over 16 who LACKS capacity  Patient is unable to ◦ understand, ◦ retain ◦ weigh up information relevant to a decision, ◦ communicate.  Capacity is assumed in over 16. Decisions must be in the best interest of the patient

I have a proud infestation of crabs, whom I love and take great care of. I am worried that if I lose capacity the doctors may hurt them. I have made an advance refusal of treatment. Which Act dictates the conditions for this to be valid? Mental Capacity Act 2005

3 criteria for detention and treatment  Person suffering from a mental disorder defined in the act  Treatment is ONLY for the mental disorder  Person poses a risk to him/herself or others.

 Which piece of legislation (statute) regulates each of the following:  (i) restraint of patients? (1 mark)  (ii) deprivation of a patient’s liberty? (1 mark) 1)Mental Capacity Act 2)Mental Health Act

 Mental health act 1983  Mental capacity act 2005  Children act Only for mental disorder -Can be detained for assessment and/or treatment for a mental disorder -Must have a mental disorder as defined in the Act (including AN) -High risk to self/others -≥16yo who lack capacity -Must be in the best interests of the patients -A valid advance refusal of treatment must be respected -Someone with a lasting power of attorney can make decisions on behalf of the patient, including refusal of treatment -Under 18yo -Someone with parental responsibility can consent to/refuse treatment -A competent child’s refusal can be overridden if a valid consent is obtained from someone with authority to consent

 Data protection act  When can you break confidentiality?

 Consent for donation  Consent for display or anatomical examination  Hierarchy of consent  Criteria for diagnosis of death  Joining organ donor register

 Embryo testing  Embryo selection  Embryo implantation

 4 criteria  pregnancy hasn’t exceeded 24 weeks and involves risk of injury to physical or mental health of the woman or her existing family  termination is necessary to prevent permanent injury to the woman  continuation would risk the woman’s life  there is a substantial risk that the child will be seriously handicapped