Think Capacity Think Consent: Supporting application of the Adults with Incapacity (Scotland) Act (2000) in Acute General Hospitals

Assessment of capacity to consent to treatment is an important legal and ethical issue for staff working in acute general hospitals. It is estimated that between 30% and 52% of people admitted to hospital will lack capacity to consent to treatment. Capacity to consent must always be assessed and incapacity should never be presumed because a person has a particular health condition or disability, for example mental health problems, learning disabilities, or dementia. Without proper legal authorisation the person’s right to make decisions about their care can be violated. The Adults with Incapacity (Scotland) Act 2000 (AWI)1 places an obligation on all staff to understand legislation and apply it appropriately.

This learning resource provides essential information about the application of Part 5 of the Adults with Incapacity (Scotland) Act 2000 (AWI) to ensure staff in acute general hospital settings safeguard the rights of people who lack capacity to consent to treatment. This learning resource can be studied independently, in a group, or in a facilitated learning session. As well as providing you with key learning, scenarios are used to help encourage exploration and reflection about real practice issues.