3.1 Analyse factors that influence the capacity of a individual to express consent
The term capacity is a term used loosely about the ability someone has to think logical or to make judgements, but in Health and Social Care capacity means the ability to make judgements on what they want out of the service and to make inform choices with when the correct information is provided.
The UK legislation named ‘Capacity Act 2005’ states that “Every adult has the right to make their own decisions and must be assumed to have capacity to do so unless otherwise proven”. But if you believe that someone does lack the ability to make a decision by themselves then The Capacity Act 2005 says that “A ...view middle of the document...
If someone is making a decision for someone because they lack capacity, then they must apply five of the impacting factors:
1. Every time a decision needs to be made then you must ask the person the question?
2. Make sure they fully understand the question being asked
3. Inform them of the information on a non-bias manner
4. See if they can give a option. This maybe verbal, non-verbal (such as picture cards or negative/positive behaviours) or by sign language.
5. If no answer is given then you should assume they don’t have capacity and follow the route of acting ‘in the best interest’ of the person.
There are several obstructions that may affect the person the ability to make an informed choice when a decision needs to be made, these can be:
* Age – Age can have a huge impact of the ability of someone having the capacity to make decisions. When someone gets older, their mind may not be as wired well compared to when they were younger.
* Mental Health – This is usually the biggest factor when someone doesn’t have the ability to make a decision. This doesn’t always means people who suffer from ASD, it could be someone who suffers from Bi-Polar or server depression.
* Learning Difficulties – can be a factor as the person may not be able to understand verbal languages or communicate effectively.
* Consciousness – Usually used by health professionals in the NHS. If they are unconscious but need urgent medical attention. The doctors and nurses will act in the best interests of that person without the consent of the unconscious person.
* Poor communication – If they don’t understand what is being asked or doesn’t understand what is going on.
* Intoxication – When someone is intoxicated, they decision they make may not be one which is in the best interests for themselves, so others may make the decision for them.
* Medication – medication can impair what they may understand what is being said or asked.
3.3 Explain what steps to take if consent cannot be readily established
As stated above, a person’s mental capacity should always be assessed at all times when a decision needs to be made. This is because someone’s capacity can change at any time even if they weren’t able to make a decision before and now they can. The person may not fully understand what is being asked of them, but as care professionals we have to prompt them to make their own decisions. Care professionals can do this but:
* Given factual information on a level they understand
* Using communication they fully understand
* Helping them if they don’t understand a sentence, word or questions
If the person has a limited capacity to make decisions, then the family may make the decision for them on their behalf. If the carer/support worker doesn’t agree with this, then they must inform the supervisor or home manager to intervene and ask the care manager to get involved.
When carers/support workers write up a care...