A-Z Jargon Buster

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A-Z Jargon Buster

  • ADVANCE DECISIONS TO REFUSE TREATMENT – an advance refusal of a specified treatment made by a person at a time when they have capacity to make that decision, to be brought into play when that person is no longer able to make that decision for themselves.  If it meets certain formal requirements, an ‘ADRT’ is legally binding.
  • ADVANCE STATEMENTS – a statement about the sort of care that someone would wish to receive, or any aspect of their future health or social care. An advance statement is not legally binding, but must be taken into account by anyone who is making decisions about your care in your best interests, as evidence of your wishes, values and beliefs.
  • ADVOCACY – Advocacy services help people – particularly those who are most vulnerable in society – to:
    access information and services
    • be involved in decisions about their lives
    • explore choices and options
    • defend and promote their rights and responsibilities
    • speak out about issues that matter to them
  • ARBITARY – based on random choice or personal whim, rather than any reason or system. “an arbitrary decision”
  • ASSESSMENT OF CAPACITY – the law sets out how you can assess capacity to make a particular decision (see also “LACKING CAPACITY” and “MENTAL CAPACITY”). Anyone carrying out an assessment must apply the following principles:
    (i) Every adult has the right to make their own decisions. You must assume that someone is capable of making a decision unless it is established otherwise, applying the tests set out in the Mental Capacity Act. You should not assume that someone can’t make a decision just because they have a particular disability or condition, or if they have been unable to make that decision at some point in the past, that they are necessarily unable to make that decision now.
    (ii) Before applying the test, all practicable steps should be taken to provide help and support to the person concerned to enable them to make and communicate the decision. The person should be given all the information they need to make the decision presented in a way that is as easy to understand as possible e.g braille, pictorial, sign language. Blinking or squeezing a hand may be enough to communicate a decision. If any doubt remains, you may wish to consider obtaining a second opinion from a healthcare professional on whether the person lacks capacity.
    (iii) You should not treat someone as lacking capacity just because they choose to make an unwise decision. The test concerns the ability to make a decision, not how sensible you think it is.
  • ATTORNEY – A person given power to act as best interests decision-maker on a Donor’s behalf through a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA). EPA’s are only legal if made prior to 2007, after 2007 a person must have made a LPA at a time when they had capacity to do so. An attorney under an EPA only has power in relation to a person’s property and financial affairs, while an LPA can cover decisions relating to a person’s property and finances, or health and welfare, or both.

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