THIS IS AN EXCLUSIVE CONTENT.

You will look at the key principles of valid consent with adults who have capacity, how and when staff should seek consent, the different ways consent can be given and how staff should respond when consent is refused. You will also looks at ‘Gillick competence’ and how this principle is used when seeking consent from children and young people.

You will look at the key principles of consent when the adult may not have the capacity to make decisions. It includes examples of the different occasions when someone may not have capacity and also the fluid and fluctuating nature of capacity.

The content covers the different actions staff may need to take in seeking consent, including best interest decisions, emergency situations, advance decisions to refuse treatment and lasting powers of attorney.

Learning Outcomes:

• Define the concept of ‘person who lacks capacity’
• Describe how a person’s capacity to make decisions can vary and be different for different aspects of their life
• Discuss the core principles of the Mental Capacity Act (2005) including the presumption of capacity
• Describe different methods for helping and supporting individuals to make decisions and to participate in the decision-making process
• Discuss how it is sometimes necessary to act in a person’s best interests when the person lacks capacity to consent to treatment and care
• Describe how it is sometimes necessary to act in a person’s best interests when the person is unable to consent to treatment and care because of a temporary loss of capacity such as in an emergency situation
• Describe how advance decisions to refuse treatment are used to convey the wishes of an individual
• What consent is
• When consent should be sought which includes everyday interactions as well as more serious treatment, investigations and procedures
• How consent can be given
• The importance of effective communication when providing information about choices, risks, benefits, advantages and disadvantages etc.
• The process to follow when consent is refused
• Briefly describe the role of lasting power of attorney