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The main difference is that a Power of Attorney can only be granted by someone who has full capacity, whereas a Guardianship Order will be granted when someone does not have capacity.

A Power of Attorney is drafted and dealt with by a solicitor. An application for a Guardianship Order can be prepared with the support of a solicitor, and a decision is made by a sheriff as to whether or not it will be granted.

Guardianships can be granted for as little as 3 years and as many as 15 years

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Equality Act 2010: Discrimination based on disability is unlawful. Decisions based on stereotypes about disabilities are unacceptable

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Equality Act 2010: Discrimination based on disability is unlawful. Decisions based on stereotypes about disabilities are unacceptable

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In 2021 more than 500 people in the UK were given an DNACPR order without their consent during covid.

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You must be told that a DNACPR form will be/has been completed for you, but a doctor does not need your consent. Doctors can only not tell you that a DNACPR form has been completed for you if they think doing so would cause you physical or psychological harm.

https://www.nhs.uk/conditions/do-not-attempt-cardiopulmonary-resuscitation-dnacpr-decisions/#:~:text=You%20must%20be%20told%20that,you%20physical%20or%20psychological%20harm.

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Do not attempt cardiopulmonary resuscitation (DNACPR) decisions

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DNACPR means if your heart or breathing stops your healthcare team will not try to restart it. A DNACPR decision is made by you and/or your doctor or healthcare team.

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If an adult lacks the capacity to give consent, a decision about whether to go ahead with the treatment will need to be made by the healthcare professionals treating them.

To make a decision, the person's best interests must be considered.

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• Autonomy: Patient A's ability to understand and decide was bypassed, compromising his independence.

• Non-Maleficence: Issuing a DNAR without consultation risks significant emotional harm to Patient A and his family.

• Beneficence: The GP may have believed the DNAR was in Patient A's best interests, but this decision appears poorly substantiated without proper capacity assessment and family involvement.

• Justice: Assumptions based on Patient A's disabilities reflect potential discriminatory practices, violating the principle of fairness.

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An AWI means Adults with Incapacity which defined as an adult who is unable to make some or all of their own decisions

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Adults with incapacity: code of practice for medical practitioners

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Guidance for health practitioners authorised to carry out medical treatment or research under the Adults with Incapacity (Scotland) Act.

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The Patient Rights (Scotland) Act 2011 gives all patients the right that the health care they receive will:

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The Patient Rights (Scotland) Act 2011 gives all patients the right that the health care they receive will:

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Consider their needs

Consider what would most benefit their health and wellbeing

Encourage them to take part in decisions about their health and wellbeing

Provide them with the information and support to do so.

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In situations where there's serious doubt or dispute about what's in an incapacitated person's best interests, healthcare professionals can refer the case to the Court of Protection for a ruling.

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Includes - (6) Working in Partnership with patients to assess their needs and priorities

(12) Patients have right to information and options

(15) Doctor must not obstruct patients from accessing services or leave them with nowhere to turn

(19) Must not refuse or delay treatment

(56) Not discriminating on protect characteristics

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NMC CODE 1.3: "Avoid making assumptions and recognize diversity and individual life".

NMC CODE all of section 2: "listen to people and respond to their preferences and consent"

NMC CODE 4.1: Respect a persons right to accept treatment

He hasn't been involved in the decision, and the family were not involved. Has support and family to make decisions but were excluded from any discussion.

Not being consulted underminds Autonomy and Right to make informed choices like a DNACPR.

The GPs not adequately consulting patient or his support team raises a concern on his clinical judgement.

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Though we are seeing many more of these DNR instructions on the basis of learning disability or autism, it is not a new problem. LeDeR report recommended that the Department of Health and Social Care “issue guidance for doctors that ‘learning disabilities’ should never be an acceptable rationale for a DNACPR order”.

This a human rights issue. Even during such testing times as we are in now, these freedoms are sacrosanct and protected by the Human Rights Act (1998), Equality Act (2010) and United Nations Convention on the Rights of Persons with Disabilities (2006).

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The Court of Protection is a court that deals with decisions or measures taken under the Mental Capacity Act.

You, or someone helping you, would need to apply to the court if someone needed to apply if someone needs permission to make decisions about you from the Court. This can be decision about your health, welfare, financial decisions and property.

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New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.
There are currently no additional references that you need to check.

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Adults with Incapacity (Scotland) Act 2000

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New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item: Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law.