Advance decisions/advance decisions to refuse treatment

2014 ◽  
pp. 115-122
Keyword(s):  
Advance Decisions

Advance decisions and advance statements

2010 ◽  
pp. 197-204 ◽  
Author(s):  
Jane Lynch ◽  
Louise M Terry ◽  
Sue Battersby ◽  
Colum J Smith
Keyword(s):  
Advance Statements ◽  
Advance Decisions

4. Consent to Treatment

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Mental Capacity ◽  
Best Interests ◽  
Living Wills ◽  
Ethical Aspects ◽  
Capacity To Consent ◽  
Delicate Balance ◽  
Mental Capacity Act 2005 ◽  
Consent To Treatment ◽  
Advance Decisions ◽  
Mental Capacity Act

This chapter examines the legal and ethical aspects of treating a patient without consent. It considers the meaning of ‘consent’ and the position of patients who lack the capacity to consent. For children who lack capacity, consent involves a delicate balance between the rights of the children and those of their parents. For adults lacking capacity, the Mental Capacity Act 2005 has emphasized the ‘best interests’ test, but has largely left open the question of how a person’s best interests are to be ascertained. The chapter also considers what weight should be attached to advance decisions (sometimes called living wills).

Dementia, Sexuality, and the Law: The Case for Advance Decisions on Intimacy

2020 ◽  
Author(s):  
Oluwatoyin Sorinmade ◽  
Alex Ruck Keene ◽  
Carmelle Peisah
Keyword(s):  
Sexual Activity ◽  
Unmet Needs ◽  
England And Wales ◽  
Capacity To Consent ◽  
Level Of Functioning ◽  
People With Dementia ◽  
The World ◽  
The Law ◽  
Advance Decisions ◽  
The Right

Abstract Some individuals develop dementia and the invariable consequence of dementia is a decline in cognition and level of functioning. Despite the effects of this illness, people with dementia still seek intimacy and companionship as part of their expression of basic human instincts and have the right to equal enjoyment of relationships and privacy for such. At the same time, they have the right to be safeguarded against abuse. The law in England and Wales, in common with the majority, if not all, jurisdictions around the world is clear on the requirement for contemporaneous consent to sexual activity, thereby creating unmet needs for people with dementia who no longer have the capacity to consent to intimacy/sexuality. This creates an impetus to find ways to empower individuals with dementia to enjoy intimacy in a safe and lawful way and enable them to live well despite dementia. This article proposes an instrument known as the Advance Decision on Intimacy, in pursuit of the concept of precedent autonomy, to empower individuals to make decisions about how they would wish to express their sexuality at a material time in future when they would have lost the capacity to consent to such acts. While the article is framed by reference to English law, the principles are of wider relevance.

Advance decisions to refuse treatment component of the Mental Capacity Act

2008 ◽  
Vol 17 (14) ◽  
pp. 885-888 ◽  
Author(s):  
Carolyn Bennett ◽  
Jane Bray ◽  
Ben Lobo ◽  
Greg Finn
Keyword(s):  
Mental Capacity ◽  
Advance Decisions ◽  
Mental Capacity Act

Legal issues in end-of-life care 2: consent and decision-making

2020 ◽  
Vol 12 (11) ◽  
pp. 1-6
Author(s):  
Helen Taylor
Keyword(s):  
Decision Making ◽  
End Of Life ◽  
End Of Life Care ◽  
Legal Framework ◽  
Legal Issues ◽  
Decision Making Process ◽  
Life Care ◽  
General Requirement ◽  
Cardio Pulmonary Resuscitation ◽  
Advance Decisions

Paramedics are legally and professionally obliged to uphold their patients' right to dignity, respect and autonomy—and this includes the general requirement to obtain their consent before proceeding with any intervention. The first instalment of this two-part article considered the challenges that this might present to the paramedic. This second article develops this theme and further explores the legal framework underpinning the decision-making process when caring for a patient approaching the end of life. It also examines issues around consent and mental capacity in more depth and addresses matters such as such as advance decisions to refuse treatment (ADRT) and do not attempt cardio-pulmonary resuscitation (DNACPR) decisions.

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