Patient Lacks Capacity

“A decision made by a person (‘P’) after he has reached 18 and when he has capacity to do so, that if – (a) at a later time and in such circumstances as he may specify, a specified treatment is proposed to be carried out or continued by a person providing health care for him, and (b) at that time he lacks capacity to consent to the carrying out or continuation of the treatment, the specified treatment is not to be carried out or

Besides, if a person lacks mental capacity to give valid consent, nurses caring for such a person should be involved in assessing the treatment to be administered. However, they must be “aware of the legislation regarding mental capacity, ensuring that people who lack capacity remain at the centre of decision making and are fully safeguarded.”6 The Mental Capacity Act (2005) offers assistance regarding ‘capacity’. The Act applies to all aged 16 and above and to those with learning disability, dementia, brain injury, autism and mental health issues.

Some people might argue that 16 and 17-year-olds are not responsible enough to make the right decisions in regard to who to elect; a candidate which would best benefit them in the future . However, some would say that young adults are unaware of the realm of politics and would not be able to make a suitable decision for the country as a whole or

Sule stated that, “The Patient Bill of Right adopted by American Hospitals Association states that ‘a patient possesses the right to be informed of the medical consequences of his or her actions and decisions and refuse treatment to the extent permitted by the law’. However, this is true only if the patient is in position to understand the consequences of his treatment. Incompetent, senile patients neither have the correct judgment regarding which treatment is appropriate for them, nor are they in a state of understanding the implications of their treatment. In such case, their willingness to grant or deny consent cannot dictate the course of treatment.” Problem with the Act is being able to find that the patient component enough to make such a call. Another issue that Sule stated was on confidentiality and autonomy. According to Sule, “This is another ethical issue erupting from the conflict of patient's rights and professional ethics in nursing job and profession. The Patient Bill of Right makes it mandatory for the medical practitioners to reveal the form and extent of the ailment along with the course of treatment to be undertaken by the practitioners. However, this law of autonomy clashes with the nursing ethic that the professional should maintain high degree of confidentiality regarding the patient's health and treatment.” This can cause conflicting issues in the NP’s

Many define adolescence as the transition period from puberty to legal adulthood where one is in the process of maturing. “This transitional period can bring up issues of independence and self-identity,” according to Psychology Today (“Adolescence”). Adolescents are usually classified to be between the ages of 14 and 18 and traditionally regarded as “minors” by law. “Minors, as a group, are legally disabled, meaning they are presumed to lack the skills necessary for capable decision-making” (Rhonda). Adolescents are unable to make rational decisions due to the Prefrontal Cortex not fully being developed, emotional responses and other factors which may cause potential societal harms as well as risks to the minors. Adolescents should not have the right to make autonomous medical choices.

This essay will discuss issues that nurses have to consider when caring for a person that either lacks or have compromised capacity. At the same time, the author will explain important terminology in the essay such as the meaning of consent, capacity, best interest, Deprivation of liberty, advanced decisions, risk assessment, including several examples from experience during placement

Competence to stand trial is presumed among adult defendants unless they suffer from a serious mental illness or substantial mental retardation. Yet, even absent mental illness, youth may lack sufficient competence to stand trial; they may be incapable of understanding the legal process, and, thus, be unable to adequately defend themselves. Two specific competencies are needed to be tried in criminal court. The individual must be competent to assist counsel, and the individual must be able to make decisions about waiving rights, entering pleas, and so forth, commonly known as "decisional competence. "

The first factor that should be considered when deciding if a juvenile is competent to stand trial in adult court is the age of the juvenile. A juveniles age of is an important factor and essential for understanding whether the juvenile can understand their Miranda rights (Mayer Cox, et al., 2012). Juveniles understanding Miranda rights is fundamental in deciding their competency to stand trial since trial in adult court is the consequence of arrest and interrogation. How can a juvenile comprehend adult court trial procedures if they are incapable of understanding their Miranda rights? Age also serves as a comprehension of brain and developmental functions of the youth being referred to (Bryant, et al., 2005). On the off chance that the youth has not yet achieved the age of brain development where they can comprehend their actions and the penalties to follow, they won't be equipped for understanding court procedures and protect

Decisional capacity refers to the patient’s ability to perform a set of cognitive tasks including understanding and processing about diagnosis, prognosis and treatment option; weighing the relative benefits, burdens, risks of therapeutic options; applying a set of values to the analysis; arriving at a decision consistent over time and communicating the decision (Post & Blustein, 2015). Ronald does not meet all the requirements for someone with decisional capacity but this does not mean that he cannot make and specific decisions for himself at a certain time. He has fluctuating decisional capacity but on his best days, he still can dictate his care and the caregiver needs to respect that. Capacity is not global, nor is it constant. The determination of capacity can be problematic because of inconsistencies of time, physical condition at the time it was determined or the individual can manipulate results. Some critics also question pathological mental competence. Ronald, due to his age and clinical condition may demonstrate fluctuating capacity but at a certain degree can still make decisions and has the insight to do so. The caregiver and healthcare professional

It’s called consent capacity. This is practiced by the nurses who are taking care of the individual. There are four factors within consent capacity: choice, unde4rstanding, appreciation and reasoning. Choice gives the person the right to choose as much as they can, and their choices are documented with a lawyer and a medical professional. This allows the person to make sure that they are able to get what they wish, even when they are unable to remember. The second is understanding, and this deals with treatments and why they are in a facility. It is discussed in as much detail as the patient needs prior to joining a facility, and whenever they wish to understand why they need treatments. This understanding connects with appreciation, and relating the information which shows the reasons and consequences. The last part allows individuals to understand the reasoning, and compare all

If you are under the age of 18, you have a different thinking process than an adult. Your ability to understand the criminal nature of a crime may be used as part of your defense.

The term “consent capacity” describes an adult’s ability to understand information relevant to making an informed, voluntary decision. A wide variety of diseases, disorders, conditions, and injuries can affect a person’s ability to understand such information.

the service user capacity to consent is being affected by their physical and or mental health needs.

Based on the information gathered from the initial physical therapy evaluation and examination, the patient’s subjective and objective findings determined the patient’s prominent impairments. The patient’s postural changes, generalized weakness, fatigue, muscle shortening and patellofemoral pain contributed to her abnormal lateral tracking of the patella, inability to walk long distances, stand for prolonged periods of time, and complete ADL with ease. The patient presented with a forward flexed posture of the spine, which can be associated with the weakness of the trunk and core musculature. Tightness of the hamstrings justifies postural changes and lack of full knee extension. Shortening of the ITB contributes to patellofemoral pain secondary

From the reading adolescent culpability and the three sources of mitigation is a good resource to help identify if the youth is competent to stand trial as an adult. The first is “diminished capacity, which could be due to mental illness, emotional