Should You Give Someone Your Power Of Attorney

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.

In dementia care we often look to family, advocates other professionals and carers in order to gain consent when the individual no longer has the capacity.

Moreover, through the Mental Capacity Act (2005), it provides a legal framework for making decisions on behalf of the individual who lack the capacity to make decisions for themselves as long as it does not restrict the rights and freedom of action.

Acting on behalf of an individual’s best interest, who may lack mental capacity and are unable to make this decision them self.

Health and social care professionals should always seek valid consent from people with dementia. This should entail informing the person of options, and checking that he or she understands, that there is no coercion and that he or she continues to consent over time. If the person lacks the capacity to make a decision, the provisions of the Mental Capacity Act 2005 must be followed.

As a patient advocate, the nurse should engage in multidisciplinary support to help family understand the legal aspects and obligation of the power of attorney in making life end decisions and the legal obligations of the Advance Directives. Nurse must be firm in stressing these considerations to family so they may realize the full legal and ethical implications of their decisions.

Delegation of authority is the act of assigning powers or authority to another entity. In this paper, I will summarize a situation where I experienced delegation of authority, and explain how it correlates to the content of Chapter Six, (Bagley & Savage, 2010).

On a living will, an individual can express if they would prefer not to be resuscitated or if they don’t want to be living artificially on life-support. Additionally, living wills establish a written declaration of a power of attorney, establishing a person who may legally speak on behalf of a patient who is unable to do so. Living wills are crucial pieces of documentation that are necessary for the dignity and wishes of a person who may fall unexpectedly into a life-threatening condition. If a person does not wish to live artificially on life support, a living will may be the only documentation that can secure their right to die with what they choose to be a dignified death. Unfortunately, living wills are not too common, resulting in countless Americans whose lives are extended long after they wish to live. In order to get a living will, one can either hire an attorney and have the attorney draft a living will or there are templates available that can be filled out and submitted for notarization.

Patient informed consent refers to the situation where the patient is fully informed on the consequences of their health care decision after which the patient gives the decision. For there to be informed consent, there are five elements that must be discussed. The first is the nature of the patient's decision then the applicable alternatives to the proposed intervention. Third are the risks, benefits and uncertainties associated with each of the alternatives. Fourth is the assessment of the patient's understanding and last is the acceptance of the intervention or an alternative by the patient. Before the patient's consent is considered to be valid, the patient's competency to make the decision must be addressed. The criteria for evaluating the patient's competency is clearly stated in section 3 of the 2005 Mental Capacity Act which states that provided the person is able to understand, retain and use information provided and to communicate their decision in any way such as talking or sign language, they are competent to make a decision. If a patient is treated against their refusal to consent, it amounts to the tort of battery or can also be considered the crime of assault. In addition to this, laws that touch on human rights reinforce the importance of the protection of the physical integrity of the individual in terms of their right to respect of their private life. Therefore, refusal of medical treatment is a human right.

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

You are undertaking an assessment to determine whether a client called Clint has the ability to advocate for himself. Clint no longer wants his mother to have a power of attorney which gives her the ability to make financial decisions on his behalf. Clint cannot write and becomes very nervous when speaking to people in authority to the point where he does not have the ability to state his needs clearly. Clint often loses his temper when people do not understand him and tends to yell and swear. Clint does not really understand what needs to be done legally to remove a power of attorney. Do you think Clint would be able to advocate for himself? Why? Why not?

A medical power of attorney, also known as a health-care proxy, gives parents permission to make medical decisions if their student is physically unable to do so. Although it is extremely uncomfortable and unsettling to discuss such situations with your child beforehand, don't find out too late that your student has been admitted to a hospital and you're not authorized to discuss treatment plans or make emergent decisions regarding care.

From working in long-term care settings for over two years, I have learned a lot about the importance of establishing a durable power of attorney for healthcare. I have seen how hard it is for family members to follow their loved one’s wishes at time. I have seen how loopholes can make it possible to not respect some one’s wishes. I have seen how difficult it is on both parties to write and follow this one simple form. When I saw this assignment, I thought about how important this document is, but also how difficult it can make things. Though I do not foresee needing to have this form now, it made me realize how quick and unexpectedly things can change and I am glad I filled one out and discussed it with those close to me. While I am glad I did it, I was surprised by how difficult it was to understand parts of the form, and once I understood them, how hard it was to make decisions on them.

The advance directive, or living will, is one way of circumventing the ethical dilemma of Quinlan, as it is essentially a set of choices by the competent patient if faced with different hypothetical circumstances. Patients can thus feel comfortable knowing that their competent wishes have been documented and can be easily interpreted in case of catastrophe. However, the authority of advance directives is a topic hotly debated amongst medical ethicists (see Advance Directive Authority). Arguments against directives state that not all factors are considered by the person creating the advance order. Also, in some cases of severe dementia, it is argued that the personal identity of the author is no longer intact and therefore has no authority over the treatment of the “new” person. The debate on this topic is extremely complex, but many of today’s cases are decided on an individual basis, with the directive often being upheld.

What would happen if you were seriously hurt or sick and could not speak for yourself? Would your family or friends know what you wanted for medical care? Would you want to live in a nursing home, possibly connected to “tubes,” without a means to communicate or care for yourself? How would you define “quality of life”? Have you ever discussed with them what your wishes are if you were unable to speak for yourself? Do you have your wishes written down anywhere? Would it make their decision easier if they knew what your wishes were?