Capacity to consent

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  • Communication: Patient must be able to clearly state a choice.
  • Understanding: Patient must be able to paraphrase the disclosed information regarding their diagnosis, prognosis, and the risks/benefits of proposed treatments and their alternatives.
  • Appreciation: Patient must grasp how this information applies to their own situation and the likely consequences of their decision.
  • Reasoning: Patient must be able to weigh the options rationally to reach a conclusion that is consistent with their personal values.

⭐ Capacity is task-specific and can fluctuate over time. It is not a global assessment and must be determined for each specific medical decision.

Assessment Algorithm - The Capacity Check

  • Decision-Specific & Dynamic: Capacity is not global; it's assessed for each specific medical decision and can fluctuate over time.
  • Clinical Determination: Assessed by a physician; distinct from competence, which is a legal determination made by a judge.
  • Understanding: Can the patient paraphrase the risks, benefits, and alternatives?
  • Appreciation: Can the patient explain how the information applies to their own situation?
  • Reasoning: Can the patient weigh the options logically to reach a decision?

⭐ A psychiatric diagnosis (e.g., schizophrenia, depression) does not automatically mean a patient lacks the capacity to consent.

Lacking Capacity - The Backup Plan

When a patient cannot provide informed consent, decisions fall to a surrogate. The hierarchy for this process is crucial.

  • Advance Directives: Legally binding documents outlining patient wishes.

    • Living Will: Specifies desired treatments if terminally ill or in a persistent vegetative state.
    • Healthcare Power of Attorney (PoA) / Proxy: Designates a specific person to make healthcare decisions.
  • Surrogate Decision-Maker Hierarchy:

    • If no PoA, the responsibility defaults to next-of-kin in a specific order.
    • 📌 Mnemonic (Typical Order): "Some Spouses Can

High-Yield Points - ⚡ Biggest Takeaways

  • Capacity is a clinical determination, while competence is a legal one.
  • Core components include the ability to communicate a choice, understand relevant information, appreciate the situation, and use reasoning.
  • Capacity is decision-specific and can fluctuate over time.
  • A psychiatric diagnosis or involuntary commitment does not automatically mean a lack of capacity.
  • If a patient lacks capacity, turn to an advance directive or a surrogate decision-maker.

Practice Questions: Capacity to consent

Test your understanding with these related questions

A 76-year-old man is brought to the hospital after having a stroke. Head CT is done in the emergency department and shows intracranial hemorrhage. Upon arrival to the ED he is verbally non-responsive and withdraws only to pain. He does not open his eyes. He is transferred to the medical ICU for further management and intubated for airway protection. During his second day in the ICU, his blood pressure is measured as 91/54 mmHg and pulse is 120/min. He is given fluids and antibiotics, but he progresses to renal failure and his mental status deteriorates. The physicians in the ICU ask the patient’s family what his wishes are for end-of-life care. His wife tells the team that she is durable power of attorney for the patient and provides appropriate documentation. She mentions that he did not have a living will, but she believes that he would want care withdrawn in this situation, and therefore asks the team to withdraw care at this point. The patient’s daughter vehemently disagrees and believes it is in the best interest of her father, the patient, to continue all care. Based on this information, what is the best course of action for the physician team?

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Flashcards: Capacity to consent

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Which stage of change is characterized by changing behaviors? _____

TAP TO REVEAL ANSWER

Which stage of change is characterized by changing behaviors? _____

Action/will power

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