Caring and consent
Your right to be involved in decisions about the health care of the adult you care for
Your right to be involved in decisions about the health care of
the adult you care for (this is a guide for paid and unpaid carers
of all
ages).
This information is for you if you are the carer of an adult (someone aged 16 or over) who is unable to make decisions about their health care and treatment without help. The information is for adult carers, young carers under 16, and paid and unpaid carers.
People who have a learning disability or have difficulty communicating may still be able to make decisions.
You and others must always assume that people can make decisions unless there is evidence suggesting they can't.
Each decision about health care and treatment is different. Some people can make decisions about some things but not others. For example, understanding and agreeing to have your temperature checked is easier than understanding and being able to agree to an operation.The person you care for should always be given information in a clear and simple way and be given help to communicate.
What is this information about?
This information explains:
- the rights of people who are unable to consent (agree) to medical treatment
- the rights of their carers to be involved in decisions about their health care, and
- the rights of a legal proxy (someone allowed by law to act on someone else's behalf).
The information is based on the Adults with Incapacity (Scotland) Act 2000.
What is the Adults with Incapacity (Scotland) Act 2000?
It is a law that:
- gives several rights to adults who cannot make decisions for themselves to help them manage their lives
- allows another adult to be given powers to make decisions on behalf of someone who cannot make their own decisions.
An 'adult with incapacity' is someone aged 16 or over who has a mental disorder that makes them unable to:
- come to a decision
- communicate a decision
- understand a decision
- act on a decision, or
- remember a decision they have made.
When a decision is needed about the health care of the person you care for, then the health professional (for example, the doctor, optician, dentist or registered nurse) must decide if that person has the capacity to do this.
How will a health professional decide if the person I care for has the capacity to make decisions?
- The health professional should first talk to the person you care for about their health care and treatment.
- If the health professional is unsure whether the person can give consent, they should talk to you and anyone else who is closely involved in the person's care. You may know how much the person can understand and if this changes from day to day.
The health professional must make sure that the person you care for:
- understands what the treatment is and why it is needed
- understands the benefits and risks of the treatment
- understands that there are other options and can decide betweent these options
- understands what happens if no treatment is given
- remembers information long enough to make a decision, and
- can tell the health professional what they have decided.
If the person can't do this, the health professional will issue a certificate of incapacity for the specific treatment needed (called a section 47 certificate). The certificate is kept with the person's health record and it should not normally last for longer than a year. However, in certain cases where the person's condition is unlikely to improve it can last up to three years.
Page last edited: 21 September 2011