To treat or not to treat – Who decides?

12:45 - 13:15

Aims

  • To define mental capacity and causes of incapacity.
  • To outline the MCA Code of Practice and the five Key Principles
  • To understand and be able to apply the two-stage test of capacity.
  • To manage best interest decisions in patients who lack capacity, and outline individuals with the right to make decisions on their behalf.
  • To outline consent processes for children under 16 with or without competence.
Objectives

The above aims and objectives should cover the fundamental topics to equip the dental team to provide treatment in a legal and ethical way to patients as per the GDC Standards (3).  At the end of the talk the clinician should be able to:
  • Understand the legal definition of capacity, and the different causes of incapacity.
  • Understand the purpose of the Mental Capacity Act, the Code of Practice and its five core principles.
  • Confidently apply the two stage test of capacity.
  • Understand how to manage patients who lack capacity, determine who has the ability to make decisions on their behalf, and when to apply for legal representation.
  • Understand Gillick competence and the role of parental responsibility in children under the age of 16.

Daakshini Patel, Dental Officer, Great Western Hospitals NHS Trust

Malika Hindocha, Associate Dentist, NHS

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