Fluctuating capacity


Some patients may have trouble retaining information or may be only intermittently competent. It is the responsibility of the healthcare professional to help such patients make informed decisions. Any decisions made when the patient is competent should be recorded, including key elements of the consultation. Such decisions should then be reviewed again with patients at lucid periods to ensure their views are held consistently.


It can again be helpful to seek the views of a second health professional before proceeding to treatment, and to record that advice in the patient notes.


Consent in emergency situations


Medical treatment can be provided to a non-competent patient without express consent in an emergency situation if: • • •


the treatment is limited to what is immediately necessary to save life or to avoid signifi cant deterioration in the patient’s health the treatment respects the terms of any valid advance refusal which is known about or drawn to your attention it is unlikely that competence will be regained in time to save life or avoid signifi cant deterioration.


12 | Consent


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