What is the AWI act’s official title and function
Adults with Incapacity (Scotland) Act 2000
- framework for safeguarding the welfare/managing the finances of adults that lack capacity
- protects people that lack capacity to make certain decisions but also support their involvement in making decisions about their own lives as far as they’re able to do so
What 2 things must consent be
Legal & Valid
What makes consent valid (3)
- remains current still
- specific to proposed dental treatment
- was obtained recently
Principles of legal consent (3)
- ability: to make informed decision
- informed:enough info to make decision
- voluntary: patient has made decision
5 principles of Capacity
- to act
- to make a reasoned decision
- retain memory of decision
- to understand a decision
- to communicate a decision
what are material risks
a reasonable person, if warned of these risks, would be likely to attach significance to these.
Consent must be…(6)
- not coerced
- not manipulated
- valid
- voluntary
- informed
- with capacity
5 principles of the Adults with Incapacity (scotland) Act 2000
- benefit to the adult
- minimum intervention
- takes into consideration past/present wishes of adult
- consultation with adult and others
- adult exercise residual capacity
name some ways to asses capacity (what the patient should be able to do)
- capable of making/communicating a choice
- undestand nature of what is asked/why
- aware of risks/benefits and alternatives
- aware of right to refuse treatment
Explain the AWI principle:
1. Benefit
- any treatment must benefit patient
- without treatment benefit would not happen
- any intervention must enhance/improve life
Explain AWI principle:
2. Minimum intervention
-treatment should be least restrictive option
-avoid invasive treatment where poss
-
Explain AWI principle:
3. Takes into consideration past/present wishes of patient
-find out what patiet previously wanted - consult relatives/close friends
Explain AWI principle:
4. Consultation with relevant others
- contact patient’s family/friends
- find out what they think patient would have wanted
Explain AWI principles:
5. Exercise residual capacity
-identify decisions that patient can make themselves
what is a welfare power of attorney
- when does it come into effect
- what should it take into acccount
- what does it deal with
comes into effect when patient loses capacity but is granted while patient still has capacity
- registered with office of Public Guardian.
- HEALTH & PERSONAL WELFARE
what does continuing power of attorney concern
-financial/property affairs
Guardianship orders
- who appoints
- what is required to get one
- how long are they appointed for
- deals with continued management of welfare/financial matters
- court appointed
- 2 medical reports
- appointed for 3 years
Who can consent for dental treatment for an adult patient
- patient with capacity
- welfare PoA
- welfare guardian
- medical/dental professional under section 47 of the AWI (scotland) Act 2000 - general authority to treat
with regards to consent/capacity, what happens during an emergency situation
The division between cases where treatment is necessary for the preservation of life or to prevent serious deterioration, urgent cases, a necessity to treat
who can issue certificates of incapacity
- medical practitioners (GMP)
- dental practitioners/nurses/optometrists with additional training
- consultant in charge of patient care
English equivalent for the AWI Act
Mental Capacity Act (2005)
5 Principles of the Mental Capacity Act
- Person assumed to have capacity unless established doesn’t
- Person is not to be treated as unable to make a decision, unless all practible steps taken to help have not been successful
- A person is not to be treated as unable to make a decision if makes an unwise decision
- An act done or decision made, must be made in the person’s best interest
- establish if there is a way to be able to undertake the action in the least restrictive of the person’s right/freedoms.
In terms of the Mental Capacity Act, what is a IMCA
IMCA: a legal safeguard for people who lack the capacity to make specific important decisions
