Medical and Elder Law 2018
Legal and ethical perspectives and the latest developments in the clinical sector
26 - 27 Nov 2018Novotel Ellerslie, Auckland
Mastering capacity assessment techniques to make accurate clinical decisions8.30am - 3.30pm
All of us including the elderly have the right to freedom and to make decisions and choices for ourselves. When that right is overridden there needs to be rigorous processes including that a legal test is applied.
Why you should attend?
As a clinician, you may be confronted with various scenarios where a patient or care resident has been deemed to lack capacity..
- What does that really mean and what paperwork needs to be available for decisions to be made on their behalf?
- Are you a hospital doctor who has been asked to assess the capacity of an elderly woman who has neglected herself and wants to return home but staff believe she should be in care
- Are you a GP asked by a daughter to invoke enduring power of attorney papers for a patient of yours?
- Are you a social worker who has been asked to apply for an urgent court order to place an elderly man into care?
This workshop will teach you key concepts, give you a structured approach, and explain what to do with results of your assessment and what to document. At times, you will be divided into smaller groups to work through video case scenarios. It will be very interactive with people encouraged to ask questions as we go along to clarify points. There will be hard copy material for you to take away and links to online material.
You will learn the steps needed to do a thorough assessment. This will include:
- Why there should be a significant trigger
- What information you need to gather
- What the four elements are for the legal test when you interview the patient
Acting on the results of the assessment
- Discuss the possible outcomes once you have made your decision about the persons competence to make a significant decision
- Explore the specifics of what is needed to apply for enduring power of attorney, welfare guardianship or a will
Documenting the assessment
- Different health professionals write up capacity assessments in different ways
- A comprehensive guide on what needs to be documented to show evidence of the assessment and that it is stringent enough to be used in court if it is legally challenged