3.1. Analyse factors that influence the capacity of an individual to express consent

Course– Level 3 diploma in care (RQF)

Unit 5 –Promote Person-Centred Approaches in Care Settings

To provide care or treatment, a health and social care worker must obtain the consent of the individual receiving it. But sometimes, a person may not be able to give consent. In those cases, a mental capacity assessment may be needed to decide what would be best for them.

Some factors that can influence an individual’s capacity to express consent include:

  • Dementia
  • Learning disabilities
  • Intoxication from alcohol or drugs
  • Mental health conditions such as schizophrenia
  • Being unconscious
  • Being drowsy
  • Brain injuries
  • Infection/delirium
  • Stroke (may not be able to communicate their consent easily)

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Let’s Understand In Detail 

Consent capacity is affected by various factors, including age, mental state, emotional state, physical state, and cognitive issues.

  • Age: Age is often considered when deciding if someone can give consent. Younger people might not fully understand the consequences of their choices. But there isn’t a set age when someone is automatically unable to consent. Each person should be judged based on their maturity and understanding. In health and social care, children under 16 can give valid consent if they understand what’s involved (this is called Gillick competence).
  • Mental State: A person’s mental state can affect whether they can say no to consent or they will agree to give it. If someone has taken alcohol or drugs, they are not able to think properly and are not aware of what they’re agreeing to. The same applies to the people who are suffering from mental health issues such as psychosis or severe depression. They are not capable of making any decisions or processing the information. It’s important to check if their mental state is temporary or ongoing when looking at their capacity to decide.
  • Emotional state: Emotional state is important too. If someone feels pressured, scared, or manipulated-such as in relationships with a power imbalance like teacher/student or carer/patient, they may not feel free to say yes or no. Emotional vulnerability can make it hard to make independent choices.
  • Physical health: If someone’s feeling low because their physical health is not good, for e.g., they’re ill, in pain, or have a disability, it can be difficult for them to understand anything or say what they want to tell. A person who just had surgery will be suffering from a lot of pain, so they can’t really think effectively. In situations like that, someone else might need to step in and make the decision for them, doing what’s best based on the Mental Capacity Act 2005.
  • Cognitive problems: Cognitive issues like learning disabilities, dementia, or brain injuries can mess with how well someone gets info, thinks things through, and makes decisions. But just having a diagnosis doesn’t mean they automatically can’t make choices. You need to check their capacity for each decision and help them make their own choices whenever you can.

Conclusion 

Other things like stress, lack of sleep, or shock can also make it harder for someone to think clearly and give valid consent. Health and social care workers should consider all these factors before giving care or treatment.

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