Consent Capacity Assessment Essay

If a service user refuses to give consent in a work setting as a healthcare assistant I must document the refusal first and foremost in the careplan and also inform the manager next I would gently explain to the service user that they are full within their rights to refuse consent but I would like to also inform them of the risks,benefits and potential life threatening consequences that may follow their decision as a result. I would fully ensure that they have clearly understood the decision they have made and that they have also understood what I have explained and documented inluding all the reasons of how,when and why the care is provided for them specifically and what the medication is for also. Finally I would kindly ask if the service

Mental Capacity Act (2005), was a legislation set up to pinpoint statutory rights of people who may lack capacity for either, because of brain acquired injury, dementia or temporarily impaired. This Act places individual’s at the heart of decision making and making ‘Unwise decision is not an indicator of lack of capacity’. Criticism of the legislation at the Houses of Lords stated that the Acts lacks ownership (Lords Selects Committee, 2014). It stressed many professional bodies are involved in its implementation and no leadership, Mental Capacity Act (2005) was set up to empower, protect and support people who lacks mental capacity. Family, carer, and professionals need to understand more fully, more clearly their legal rights and responsibilities.

It is important that the patient is aware not only of their rights, but of their individual responsibilities.

INFORMED CONSENT : Valid consent is impossible. To date, foetal tissue transplants have been handled as any other organ transplants under the UAGA, thus requiring consent of next of kin. The mother cannot give morally legitimate consent, since she initiated the termination of the pregnancy. Elimination of consent, however, would further turn the unborn child into an object; it would be inconsistent with the fact that, biologically, the developing foetus does not interpret the woman’s tissue. The UAGA and the NIH Panel both fail to discern the conflict between normal organ transplants and the function of foetal tissue. In the instance of foetal tissue, the mother is presumed to be the one who gives consent to the use of the tissue for the transplant (or for some other kind of experimentation). Granting to the normal understanding of proxy consent, her role assumes that she is working in the best interest of the unborn child. However, she is also the one who has initiated the final termination of pregnancy. Just quoting the part of the act dealing with informed consent stated in the NewZealand legislation

The author cites qualitative research articles and nursing education manuals and training manuals from many different authors and time periods. There were no quantitative studies cited. All research article referenced were relevant to the study, most were greater than seven years old and older. No evaluations of strengths or weaknesses were available for referenced material. The limitations of this study were named as: “data was exploratory, It was not the specific intention to explore the management of the patient who refuses care; the topic came from the inductive data analysis.(Aveyard, 2004, p. 349) It is relevant as this is a previously unexplored area of nursing.(Aveyard, 2004, p. 349) The author builds a logical argument through discussion of nursing education, and the fact that nursing education and the focus of informed consent in nursing education is on the nurse’s role in obtaining consent prior to medical procedures and research procedures, and not prior to nursing care procedures. The author uses the argument that the lack of discussion on informed consent does not negate its importance and it purpose which is to protect a patients autonomy .(Aveyard, 2004, p. 346)

Initially informed consent meant saying “YES” to any treatment or intervention laid out by the physician and advocated by a nurse (Ref 1). Now informed consent means being able to say “NO” and this in itself is a part of exercising ones autonomy.(Ref2)Nurses should practice with the knowledge that clients must consent to be touched ,to have treatments administered ,

As I have discussed above regarding legislation and policies promoting person centred practice in health and social care setting. One of the most crucial elements of all these legal requirements is to establish consent with individual in terms of making decisions. There are many ways of informing consent with person centred practice for health professionals under different circumstances.

Kimberley Gilles spoke regarding consent agenda item 13.8. She thanked the Board for approving the new books as she is excited to teach the new course.

The subject of consent requires the understanding of some of the legal and ethical issues surrounding the subject-

If they are on medication they will even forget to take their medication and have to depend on a health care worker or family, they can even forget how to perform their own personal care, as the level of the dementia progress the individual will lose their independence and become dependence on health professionals and their family members in a daily basis. Same service Users Lake the capacity to make decisions regarding their own care because of their disability and illnesses. Example individuals with dementia cannot make decision for them self, due to their illness. Because the individual does not have the capacity to make decision the mental capacity act 2005 has the principles that must be followed by

Thanks again for taking the time to meet with us on Monday. We certainly left with the feeling that you could help us navigate most any issue that we would encounter.

In the world of medicine, consent is an ethical and a legal agreement between patient and their health care provider; to participate in but not limited to research trials or to obtain medical or surgical interventions. Consent generally is expressed or implied. Express consent can be an oral declaration or it can be provided by printed document. (informed consent). Nevertheless, consent is not an independent entity. It does not function on its own. It works in conjunction with capacity. Spike 2017, stated informed consent is the single most important concept for understanding decision-making capacity. This is measured by a patient’s ability to understand, retain, process and re-communicate the information provided by the medical professionals.

Issue #3 has to do with Mr. Caulfield’s consent to search his vehicle. In order for consent to search to be valid it must be free and voluntary. “The Supreme Court has stated that whether consent is voluntary is a question of fact to be determined from the totality of all the circumstances.” U.S. v. Olivier-Becerril, 861 F. 2d 424, 425 (5th Cir. 1988). The Fifth Circuit Court of Appeals uses a six factor test when determining whether consent to search was voluntary:

Health care professionals are obliged by common law to obtain consent before any medical treatment is given to a patient. Every person has the right to decide what happens to his or her body, therefore, can choose to accept or refuse medical treatment (Townsend & Luck, 2013, p. 93). This article aims to outline what is determined as lawful consent and how it applies in paramedic practice.

Consent can be quite tricky, a legal minefield for healthcare teams, this is due to the patients who will give or refuse to give private information about themselves who is legally competent but