To define mental capacity and causes of incapacity.
To outline the MCA Code of Practice and the five Key Principles
To understand and be able to apply the two-stage test of capacity.
To manage best interest decisions in patients who lack capacity, and outline individuals with the right to make decisions on their behalf.
To outline consent processes for children under 16 with or without competence.
The above aims and objectives should cover the fundamental topics to equip the dental team to provide treatment in a legal and ethical way to patients as per the GDC Standards (3). At the end of the talk the clinician should be able to:
Understand the legal definition of capacity, and the different causes of incapacity.
Understand the purpose of the Mental Capacity Act, the Code of Practice and its five core principles.
Confidently apply the two stage test of capacity.
Understand how to manage patients who lack capacity, determine who has the ability to make decisions on their behalf, and when to apply for legal representation.
Understand Gillick competence and the role of parental responsibility in children under the age of 16.
Daakshini graduated from the University of Bristol. Her dental foundation training year was spent with a trainer with a dentolegal background. She then gained further training in the Oral and Maxillofacial Department at the Queen Alexandra Hospital in Portsmouth. During the year she enjoyed surgical aspects of the field treating patients of all ages. Currently working as a Dental Officer in Community Dental Service at the Great Western Hospitals NHS trust, she has a strong grasp of the application of dental law and ethics involved in providing treatment to patients of extreme ages and with various mental and physical disabilities.
Malika graduated from University of Bristol in 2015, and following completion of her Dental Foundation Training, has been working as an Associate dentist at two dental practices for the past three years. She aims to provide a high standard of patient centred dental care, and enjoys providing all aspects of general dentistry. She will be starting her Masters in Dental Implantology from September 2019.