In Scotland the law presumes that adults (16yrs and over) are legally capable of making personal decisions for themselves and to manage their own affairs.
If however there is evidence to suggest that the person cannot make personal decisions for themselves or manage their own affairs a comprehensive assessment is necessary to provide appropriate support.
- Your intervention must be necessary and must benefit the adult
- Your intervention must be the minimum necessary to achieve the purpose
- You should consider whether it would be possible to intervene without using the Act
- You must take into account the views of the adult’s nearest relative and primary carer, and of any other person with powers to intervene in the adult’s affairs or personal welfare, or with an interest in the adult, so far as it is reasonable and practical to do so
- You must encourage the adult to use any skills he or she has
- You must take account of the adult’s present and past wishes and feelings (and you must try every possible means of communicating with the adult to find out what these are)
- Be capable of making a choice
- Understand the nature of what is being asked
- Understand why the choice is needed
- Be able to retain information
- Be aware of alternatives
- Have knowledge of the risks and benefits involved
- Be aware of the decisions relevance to them
- Be aware of their right to refuse and the consequences of this
- Be aware how to refuse
- Be able to communicate their choices
- Bad choice does not equal lack of capacity and if an adult has capacity to accept or reject medical treatment this must be accepted
- Making decisions
- Communicating decisions
- Understanding decisions
- Retaining the memory of the decisions
- Social Workers
- Health professionals such as nurses, or dentists
General Principles of informed consent ...
Choice and Capacity
Choice is about showing preference for one thing over another. It is not the same as Capacity
Capacity is assessed in relation to the decision that needs to be made. It is NOT all or nothing.
It is NOT based on the test "Would a rational person decide as this person has decided?"
The thought processes behind the decision are relevant to the question of capacity.
In many cases there will be no doubt as to an individual’s capacity. Where there is doubt comprehensive investigation is needed
To have capacity the adult must: ...
For the purpose of the Adults with Incapacity (2000) Scotland Act ‘incapable’ means the person is incapable of:
Roles and Responsibilities
Everyone involved with the person who lacks capacity has a role to help make decisions that must make their life better:
No one is allowed to make decisions that the person can make them self.
Further Advice & Guidance
The Public Guardian’s office keep a record of all Welfare and Financial Guardians
Office of the Public Guardian
Hadrian House, Callander Business Park,
Falkirk. 01324 678300
The Mental Welfare Commission for Scotland will help with any enquiries and advice on best practice.
Mental Welfare Commission
Thistle House, 91 Haymarket Terrace.Edinburgh
0131 313 8777
Scottish Government – Adults with Incapacity Act
Mental Capacity Act (England Only)
Which of the following principles should you use when deciding whether to intervene?
Your intervention must be the minimum necessary to achieve the purpose
You should consider whether it would be possible to intervene without using the Act
All of the above
For the purpose of the Act what does Incapable mean?
Incapable of acting or making decisions, communicating decisions, understanding decisions or retaining the memory
Capable of understanding and retaining information
You've reached the end of this section
You've now completed the basic Down's Syndrome course - if you think your ready you can now register and take the test.